The Impact Of Not Having A Will: Understanding Illinois Intestate Succession

Most people in the United States believe they need a will, yet only about 32% have one. You may think you’ll ‘get around to it’ or do it soon. And many people believe that they have told their loved ones who gets which assets. But that is not enough. A will must be legally written and witnessed before the courts will follow the deceased person’s wishes. Writing it down on a notepad, napkin, or word of mouth isn’t enough. The impact of not having a will may surprise many people, and they often don’t understand Illinois intestate succession.

What Happens If You Don’t Have A Will?

You may know exactly who you want to have your home, your car or your valuable trading card collection after you die. But simply knowing this or telling someone is not enough. For a will to be legal in Illinois, it must be in writing and witnessed by 2 people who are not beneficiaries. The will cannot be a video or written on a notepad and tucked safely away. It will not be legal, and the courts will not follow your final wishes. Here are some examples of what can happen if you don’t have a will.

• If the house is currently in your name only, but you are engaged to be married. If you are both living in the home and you pass away, your fiance will not be given the house. Legally, it was never in their name. Therefore, Illinois intestate laws will take priority, and the courts will give the home to your children, parents, or immediate family members. Your family can legally force your fiance to move out and not get a penny from the house sale.
• If you are estranged from your family. If you are a single parent raising a child and the other parent is not alive anymore. If you pass away without naming a legal guardian in your will, the courts may place your child with your parents or a sibling. The people you have tried to protect your child from will be forced to live with them.

The impact of not having a will can be an inconvenience or even devastating for those you love. Understanding what happens to your assets if you do not have a will may help you take the first step and call an estate planning attorney.

Understanding Illinois Intestate Succession

Intestate succession explains how the courts will distribute an estate’s assets if there is no will. There are clear laws that state who will receive your treasured items; without a will, no one can fight for what you told them will be theirs.

Family will always have priority in receiving your assets, no matter how you feel about them. Illinois intestate laws are very clear.

• Your spouse will receive everything
• Your spouse and children will split the assets
• If no spouse, your children will receive all assets
• If no spouse or children, your parents will receive everything
• If no parents, your siblings will receive all assets
• If you have no family, the courts will transfer all of your assets to the state

It’s scary when you see the ramifications of not having a will. No matter how young you are, it is best to have a will in place if you own assets. And if you have a child, the courts will decide who will raise the child – even if you are no longer speaking to those people.

When you work with an experienced estate planning attorney, they will help you write a will that leaves your assets to the people you love. You have worked hard all your life for the items you have, and to allow the state to take and distribute them as they see fit is not what you want. Step and take control of your will and ensure the courts follow your final wishes.

Illinois Estate Planning Attorney

Do you have questions about estate laws in Illinois? Our experienced estate and probate attorneys can advise you on the best options to protect your assets and loved ones. Contact the Estate & Probate Legal Group at 630-864-5835 to talk to an estate planning attorney. 

Areas We Serve:  Cook, DuPage, Kane, Lake, Kendall and Will counties