Who Needs a Last Will and Testament?
Illinois laws don’t compel any citizen to write a last will and testament. However, writing a last will is necessary because it saves your family avoidable conflicts that could degenerate into family feuds and vendetta. Writing a last will also lets you appoint a trusted executor to oversee your estate’s distribution. This steward fully executes your last will. Therefore, you live your life peacefully knowing that your family will remain in safe hands following your demise.
A last will also lets you create trusts for your spouse and children. It also allows you to appoint a trusted legal guardian for your minor children and stipulates their duties towards your children after your death.
The law also allows you to write a “pet trust” that protects your pet’s upkeep after your death. Thus, its benefits go beyond human beneficiaries to pets.
An Illinois last will and testament can also accelerate your estate’s probate process. This process oversees your estate’s distribution under court supervision. Illinois’s laws require that those possessing a last will to file it on time with the clerk in their respective counties. Afterward, the court issues them letters of office to allow the executor to distribute the deceased’s estate as per their will.
These are just a few of the benefits of writing a last will before your death. However, state laws allow the state to intervene and distribute your estate if you die without writing a last will. Unfortunately, state intervention can’t fully express and implement the deceased’s will because its distribution is confined to their family members. It can only go beyond their surviving family members in those rare cases where the deceased left no known survivors. In such rare instances, the law reverts the estate to the state. Thus, it’s better to create a last will instead of leaving your family and would-be heirs at the state’s mercy and discretion.