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What is a will?

A Will is a legal document that controls the transfer of a person's property at death. In Illinois, a will must be in writing, signed by two witnesses, and made by a person who is older than 18 years of age and of sound mind.


Advantages :

  • You direct who receives your property instead of the State's plan of distribution.
  • Permits you to nominate the guardian for your minor children and to create a trust for their benefit.
  • You can select your executor and waive the surety on the executor's bond.
  • You can give the executor power to sell assets during the probate administration.
  • You can authorize the executor to continue to operate an unincorporated business.

Disdvantages:

  • A will must go through the probate proceeding.
  • A will must be filed with the Clerk of the Court after death and becomes available to the public.