A last will and testament could be an excellent method of ensuring that your assets and precious heirlooms are awarded to your loved ones after you depart. Although it may feel unsettling to ponder, proactive estate planning could be a necessary task to make sure that your property does not fall into the wrong hands.
A Naperville wills lawyer may be a helpful guide through the complex process of creating a valid testamentary document. Moreover, a skilled local attorney may be willing to help those who have been appointed as an executor or who want to contest a will.
Wills in Naperville are subject to Article IV of the Probate Act of 1975. These statutes provide the guidelines for will formalities and validity. A Naperville resident who is over the age of 18 and is of sound mind may create a last will and testament.
Per 755 ILCS 5/4-3, legally valid wills in Naperville must be signed by the author, called the testator. Two credible witnesses must observe the testator signing the will. If the testator is unable to hold a writing instrument, they could direct a trusted person to sign for them in their presence.
A seasoned wills lawyer in Naperville may have additional information and samples of effective wording for a testamentary document. It may be helpful to check with a well-informed attorney for further information and additional advice.
In accordance with 755 ILCS 5/4-13, any real and personal property that has been described in a valid testamentary document may be distributed after the will has been admitted to probate.
To have a will accepted for probate, the executor must file it with the county clerk in Naperville county clerk as soon as possible after they receive the news of the death of the testator. Those who wantonly withhold a will for more than 30 days after the death of the decedent could face criminal charges.
After filing the will, the executor is required by 755 ILCS 5/6-2 to file a petition for probate. A capable Naperville wills attorney may be available to prepare and submit the proper paperwork on behalf of an heir or named executor.
At times a potential heir may question the validity of a will or allege that it was executed under questionable circumstances. According to 755 ILCS 5/8-1, interested persons may file a petition to contest a will.
Generally, a contestant of a will is required to provide notice to the other heirs. A person who is questioning the validity of a testamentary document may also demand a jury if the issue goes to trial. A competent wills attorney in Naperville may have experience with contest trials.
If you are considering estate planning and want to write a will, it may be wise to schedule a meeting with a local attorney. A knowledgeable Naperville wills lawyer may be able to available to consult on the creation of a testamentary document.
Call the law offices of a Naperville legal professional about your needs for a testamentary document. Having experienced assistance could help you to feel confident that your last will and testament could be deemed valid after you depart.