Illinois Will Instructions

Illinois Will Instructions and Mutual Wills for Married Couple with Minor Children

ILLINOIS WILL INSTRUCTIONS

Mutual Wills for Married Couple with Minor Children

U.S. Legal Forms, Inc.

1. These wills are designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

Example: will become JOHN DOE.

2. The Will contains Articles which cover various matters. The information below is designed to assist you in completing the fields contained in the articles of the Will.

Article / Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

ARTICLE ONE

Field [4] - Type the name your spouse.

Fields [5] – [12] Type the name of your children.

ARTICLE THREE

This article is for you to specify specific property to go to a specific person. If you do not leave any, type none and delete the fields.

Field [13] - Type name.

Field [14] - Type street address.

Field [15] - Additional Address line.

Field [16] - City, State, Zip.

Field [17] - Relationship.

Field [18] - Describe the property to go to this person.

Field [19] - Type name.

Field [20] - Type street address.

Field [21] - Additional Address line.

Field [22] - City, State, Zip.

Field [23] - Relationship.

Field [24] - Describe the property.

Field [25] - Type name.

Field [26] - Type street address.

Field [27] - Additional Address line.

Field [28] - City, State, Zip.

Field [29] - Relationship.

Field [30] - Describe the property.

ARTICLE FOUR

This article is for you to leave your homestead, if you have one on the date of death to persons designated.

Field [31] - Type name of your spouse.

ARTICLE FIVE

This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three.

Field [32] - Type the name of your spouse.

ARTICLE SIX

This article is to provide an alternate distribution of the rest and remainder of your property should your spouse predecease you and the provisions for distribution contained in Article Five cannot be carried out.

Field [33] Type the name of your child(ren).

Fields [34]-[36] Omitted

ARTICLE SEVEN

This article provides for the establishment of a trust for the benefit of minor beneficiaries.

Fields [37] Enter the age below which you desire that minor beneficiaries property be placed in trust.

Fields [38-41] Enter age at which property may be released from trust.

ARTICLE NINE

This article provides for the appointment of a Trustee and Successor Trustee.

Field [42] Type the name of the Trustee.

Field [43] Type the name of the Successor Trustee.

ARTICLE TEN

This article provides for the appointment of a guardian of minor children

Field [44] Type the name of your spouse.

Field [45] Enter the age below which you desire a guardian be appointed for your children.

Field [46] Type the name of the guardian.

ARTICLE ELEVEN

This article is for you to name your personal representative. This must be an adult and can be your spouse.

Field [47] - Type name of Personal Representative.

Field [48] - Type name of successor Personal Representative.

ARTICLE FOURTEEN

This article provides instructions relating to the interpretation of your will.

Field [49] - Type the name of your spouse. This clause is a common disaster clause and provides whose Will will control if you both die in a common disaster.

ARTICLE FIFTEEN

All parts of Article 15 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [50] - Type name of Cemetery.

Field [51] - Type County.

Field [52] - Type State.

ENDING AND SIGNATURE

Field [53] - Your name.

Field [54] - Your name.

Field [55] - Your name.

Field [56] - Your name.

Field [57] - Your name.

Field [58] - Your name.

Field [59] - Your name.

All other blanks in the Will are typically completed by hand, such as the names of the witnesses, day, month and year executed, etc.

Once you have completed the Will, double check all entries and then print. The Will should be signed by you in front of two witnesses, not related to you. Please sign all pages of the Will in the places designated.

The self-proving affidavit is used to prove the Will and make the Will subject to probate. If the affidavit is not completed now, someone will have to locate the witnesses after your death and obtain an affidavit. Therefore, it is best to sign the Will in the presence of two witnesses AND a notary public so that the affidavit can be completed by the Notary.

You should keep your Will in a safe place once executed. It is also recommended that you give a copy to your executor or other person as additional proof of execution.

ADDITIONAL INFORMATION ABOUT YOUR WILL FORM

This section will briefly explain some of the articles of your will and provide other information. Articles of the Will which are basically self explanatory are not discussed here. In addition, information which is already provided in the instructions above is not repeated.

First Paragraph: The first paragraph of the Will, provides your name, residence information and provides that all prior Wills, if any, are revoked since you have now made a new Will.

Article Three: Some people have specific property that they desire to leave to a specific person, such as a ring or antique. This Article is for you to leave such property. You do not have to name specific property and may simply state none if not property is to be left under this Article.

Article Eleven: This Article is for you to name a personal representative, also called executor or executrix. The person named should be an adult and may be your spouse or relative.

Article Twelve: If not waived, some Courts will require your Personal Representative post a bond, and file an inventory, accounting and/or appraisal. All can be costly and time consuming. This Article states your intention that your Personal Representative not be required to post a bond or file an inventory or accounting.

Article Thirteen: This Article sets forth powers of your Personal Representative and is designed to give broad powers without the requirement that Court approval be sought for action by the Representative to the extent permitted by the laws of your State.

Article Fourteen: This article sets forth some legal construction intentions to clarify some of the issues which may arise. It also contains a common disaster clause which provides that if you and your spouse die in a common disaster, your Will is to have precedence. In cases where you and your wife are making Wills, you would only include this paragraph in one Will, or state in both which Will is to control.

BASIC INFORMATION

What is a Will? A Will is a document which provides who is to receive your property at death, who will administer your estate, the appointment of trustees and guardians, if applicable, and other provisions.

Who may make a Will? Generally, any person 18 years or older of sound mind may make a Will. (Some states allow persons under 18 to make a Will)

What happens if I die without a Will? If you die without a will you are an intestate. In such a case, state laws govern who receives your property. These laws are called "intestate succession laws". If you die without a Will, the Court decides who will administer your estate. Generally, it is more expensive to administer an estate of a person who died without a Will, than a person who dies with a Will.

General

When making a Will you need to consider who will be named as your personal representative or executor to administer your estate, who you will name as guardian and trustee of minor children if your spouse does not survive you and who will receive your property. You should also consider tax issues. The person appointed as executor or administrator is often your spouse, but you should also name an alternate, in case your spouse predeceases you. The person you name should be a person you can trust and who will get along with the beneficiaries named in the Will.

In the event your spouse predeceases you, the guardian you name will have actual custody of your minor children unless a court appoints someone else. The trustee you appoint to administer a trust you established will be in charge of the assets of the trust for the benefit of the minor beneficiaries.

Generally, a Will must be signed in the presence of at least two witnesses (three for Vermont) who also sign the Will. A notary public will also need to sign if the Will contains a self-proving affidavit. Generally, a self-proving affidavit allows the Will to be admitted to probate without other evidence of execution.

Joint Property: Many people do not understand that joint property may pass outside your Will and also sometimes assume that it will pass through their Will. They do not understand the significance of joint ownership. The issue is common in the following areas, provided as examples:

(a) Real Estate: Often, a husband and wife will own real estate as joint tenants with rights of survivorship. If one party dies, the surviving party receives the property regardless of what the Will provides. This is common and generally acceptable. However, if this is not your desire you should change the ownership of the property to tenants in common or other form of ownership. If you own real estate as tenants in common, then you may designate who will receive your share of the property at your death. This issue can be a problem when uninformed persons take title to real estate as joint tenants with rights of survivorship but really intended to leave their share to, for example, children of a prior marriage.

(b) Bank Accounts/Certificates of Deposit, Stock, Retirement Plans, IRA’s and other type Property: The same ownership as real estate can be made of these investments. In fact, many Banks routinely place Bank accounts and Certificates of Deposit in the joint tenant with right of survivorship form of ownership if more than one person is on the account or CD, without advising you of the consequence of same. In situations where the persons are husband and wife and there is no issue or concern over divorce or children from previous marriages, this may be the best course of action. However, with divorce on the rise, premarital agreements and multiple marriages being common, the parties may be doing something that was not their intent. Another common problematic situation is where a parent has more than one child but only one child resides in the hometown of the parent. The parent may place the name of the child who resides there on all accounts, CD’s and other investments for convenience reasons and establish a joint tenant with right of survivorship situation without realizing that only that child will be entitled to those assets at the parent’s death. Simply put, you should be aware when you acquire an asset or investment exactly how it is titled.

DISCLAIMER/LICENSE/LIABILITY LIMITATION

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

Your Wills start on the next page.

Note: First Will is for Husband. Second Will is for Wife.

Last Will and Testament - Husband

LAST WILL AND TESTAMENT OF

I, , of County, Illinois, being of legal age and of sound and disposing mind and memory...

ARTICLE ONE - Marriage and Children

I am married to and have the following children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE THREE - Specific Bequests

Name Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

ARTICLE FOUR - Homestead or Primary Residence

To my Wife, if she survives me.

ARTICLE FIVE - Residuary Clause

To my Wife, .

ARTICLE SIX - Contingent Residuary Clause

To my child(ren):

ARTICLE SEVEN - Trust for Minor Beneficiaries

Age under which property is placed in trust: years

Age at which property may be released: / / /

ARTICLE NINE - Trustee

Trustee:

Successor Trustee:

ARTICLE TEN - Guardian

Spouse:

Age below which guardian appointed:

Guardian:

ARTICLE ELEVEN - Personal Representative

Personal Representative:

Successor Personal Representative:

ARTICLE FOURTEEN - Common Disaster Clause

Spouse name:

ARTICLE FIFTEEN - Misc. Provisions

Cemetery: County: State:

Self-Proving Affidavit

County of , State of Illinois

Subscribed and sworn before me on .

Last Will and Testament - Wife

LAST WILL AND TESTAMENT OF

I, , of County, Illinois, being of legal age and of sound and disposing mind and memory...

ARTICLE ONE - Marriage and Children

I am married to and have the following children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE THREE - Specific Bequests

Name Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

ARTICLE FOUR - Homestead or Primary Residence

To my Husband, if he survives me.

ARTICLE FIVE - Residuary Clause

To my Husband, .

ARTICLE SIX - Contingent Residuary Clause

To my child(ren):

ARTICLE SEVEN - Trust for Minor Beneficiaries

Age under which property is placed in trust: years

Age at which property may be released: / / /

ARTICLE NINE - Trustee

Trustee:

Successor Trustee:

ARTICLE TEN - Guardian

Spouse:

Age below which guardian appointed:

Guardian:

ARTICLE ELEVEN - Personal Representative

Personal Representative:

Successor Personal Representative:

ARTICLE FOURTEEN - Common Disaster Clause

Spouse name:

ARTICLE FIFTEEN - Misc. Provisions

Cemetery: County: State:

Self-Proving Affidavit

County of , State of Illinois

Subscribed and sworn before me on .