If you include this statement, then you and your witnesses must sign and date it as well. Are an Illinois resident, and Sign the living will. If a platform like Docusign is not used to create and sign an electronic will, there is now an option to use multiple signature pages for the testator and witnesses. In most cases, the estate of someone who dies owning property must be probated. Individuals and Witnesses can now sign on multiple signature pages with one master document being compiled later on. This party may not be one of the witnesses. A Will allows you to appoint an executor and (in Illinois) a guardian over your minor children. When it does, you may need someone else to speak or make health care decisions for you. The Power of Attorney Act was further amended to permit powers of attorney for health care to be in electronic format. Changes in the law can also create a need to update your estate plan. However, you may want to consult a lawyer in some situations. Who you would like to manage your estate (the executor); How you would like your assets distributed when you pass; or, Who you would like to be the guardian of your minor children should you become mentally incompetent or pass away. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, nephews, and great grandparents. Illinois is one of a handful of states that technically allows electronic wills (e-wills). Because the language of these two documents may not be identical, it is important that care be taken to make sure that one's wishes are accurately described in both documents. They should feel comfortable leaning on the experience and experience of our attorneys as their counselors and advocates. Some of the highlights of the new law are below. New Decision Upholds Strict Construction Of Ill. S. Ct. R. 213(f)(3) Can A Notary Witness And Notarize, Too? | NNA A witness must be competent, meaning they must be of sound mind at the time they are signing the will as a witness. Here's the typical procedure: In some states, the witnesses don't have to be in the same room when they sign the will. The pandemic of 2020-2021 forced institutions to make things more efficient and reflective of the technologically-centric world we now live in. For more guidance on the intricacies of wills and estate planning, consider enlisting the services of afinancial advisor. See the preceding discussion. Your Guide to Estate Planning | Illinois State Bar Association Having a trust might allow you to avoid becoming subject to a guardianship, which is public; may be costly; and, because a court is involved and must usually approve decisions of the guardian, is less convenient. Who Can Witness a Will? | California Will and Probate Attorneys The power of attorney may also be used to supplement a living trust. For instance, say you plan to leave money in your will to your sister and her husband with the sister being the executor. So, it is no longer a requirement to dig the paper hard copy out of the basement filing cabinet and remember to bring it to the hospital. Nevertheless, there is no benefit whatsoever to having a beneficiary sign the will as a witness, and it could cause problems down the road, so it is best to simply never have a beneficiary sign the will as a witness. PDF Illinois Living Will Act - UChicago Medicine Finally, neither of the two witnesses signing the will should be financially interested in the will. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. The witnesses must know that the document is a will, or the document won't be valid. A power of attorney for health care enables an individual to appoint a trusted agent to make medical decisions on his or her behalf if the individual is unable or unwilling to do so for themselves. The agreement usually says that you retain power to amend or revoke it whenever you want (making it revocable). We don't know anyone in IL who can witness our wills. How do we - Avvo Only two states, Colorado and North Dakota, currently allows will-makers to choose to have their signatures notarized instead of witnessed. In all cases, it's best to have witnesses. Updated 4-18-23. Theyre of legal adult age (i.e. Here's a quick checklist for making a will in: A will, also called a "last will and testament," can help you protect your family and your property. Some states will only accept wills that have been witnessed. Certain parties, including an attending physician or a relative of either the principal or agent, are prohibited from serving as witnesses to the POA. You can also use a will to name legal guardians for minor children. These rules regarding beneficiaries and executors do not apply to either your lawyer or your creditors. If you have questions about anything we offer or anything related to our website please call us at (312) 346-5320. Keep records of money coming in and all money going out. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided. Wills &Trusts, Elder Law, Estate Tax, Probate and Special Needs Planning, In this episode, we explain how to update a will in Illinois and answer the questions when should I updated my will?, can I make handwritten updates to an Illinois will?, what is a codicil to a will?, and should I amend my will, create a new will, or revoke my will?, Illinois Business, Corporate & Contract Law. Ilinois law assumes that a person is not "of sound mind and memory" if the will maker was determined by a court to be disabled and has been appointed a plenary guardian or limited guardian by the court. Stat. 755 Ill. Comp. Illinois' Electronic Wills and Remote Witnesses Act is a Game Changer In many cases, you can also make your will self-proving by attaching notarized sworn statements from your witnesses, but this step is not necessary to make your will legal; it simply helps your loved ones save a few steps later on during the probate process. States generally prohibit you from choosing people who stand to benefit from your will as witnesses. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. It can be as broad or narrow as the principal requires. But if there are witnesses, they can come to court and testify that the will-maker stated the document was his or her will, and appeared to be of sound mind and not under any undue influence. Also matters such as successor agents, guardianship, and compensation can be specified. However, the beneficiary may still receive his or her gift if they are what is called a supernumerary witness. File the decedent's final income tax return. You should not provide anyone with a power of attorney unless you place the utmost trust and confidence in that person. Additional Documents, like Powers of Attorney can now be signed virtually. The process typically begins with the court naming a "personal representative" who takes charge and reports to the court as the decedent's wishes are fulfilled. Stat. 6-1) Sec. Why this extra level of formality and caution, when it's not required for other important documents such as contracts or promissory notes? It is similar to a POD designation described above. Will: Illinois law requires a will to be signed by the testator (or by some person in her presence and by her direction) in the presence of two credible witnesses. The Law Offices of Michael J. Helfand L.L.C. An executor is nominated by the decedent in the will. How will the death taxes on my estate be paid? Unlike other legal documents, a will generally isn't valid unless two adult witnesses watch the will-maker sign it. Failing to include essential provisions that require the executor/trustee to seek an order from a court, with attendant attorneys fees and costs. An administrator must be a resident of Illinois. For example, if a situation arises where you are in an accident and need emergency medical care, doctors will look to a trusted individual to make decisions on your behalf. Will-making rules can also exclude relatives or spouses of any of your beneficiaries. 5/6-4. To petition the court as necessary in the management of the estate's assets. Relatives who are not part of your will, such as cousins, aunts, uncles, etc. In Illinois, you can choose someone to be your "health care agent." We do not manage client funds or hold custody of assets, we help users connect with relevant financial advisors. A Revocation of Will must be executed in the same manner as a will. The surviving joint tenant then owns the property free of any claims by the heirs of the joint tenant who died, unless certain limited exceptions apply. Your agent would be required to follow any specific instructions you give regarding care you want provided or withheld. A witness who stands to inherit under the will may lose the right to that inheritance. Likewise, neither of your witnesses should be someone who stands to inherit from your estate when you die. You may also run into challenges if youre asking someone who has a mental impairment or a visual impairment to witness your will. If a trust is created, you must name a competent individual or trust company to manage the trust. When you write alast will and testament, youre creating a legal document that determines where your assets will go after your death. Do Not Sell or Share My Personal Information. Your witnesses' job is to confirm that you signed this will and were of sound mind. Entertaining and educating business content. Generally, a gift of property from a person to his or her spouse who is a U.S. citizen is not subject to a gift tax or an estate tax. For instance, although state laws regarding wills vary, states generally require you to be of legal adult age to make a will. 505Waukegan, IL 60085, 22 E. Washington St., Ste. Changing a will also requires two witnesses. Not adopting the best law to govern the administration of the will or trust and failing to utilize the form required by the state where the will or trust is administered. Oops! It doesn't cover unanticipated contingencies nor does it provide a comprehensive plan for the disposition of one's entire estate as does a will.