Drafting a will is arguably the most significant stage of the estate planning process and failure to create one often comes with nasty consequences. When someone dies, the assets that are left behind are typically distributed to heirs. When a will is not available, decisions about who will receive property, who will take care of the kids, and even who will execute the deceased’s estate are left up to the state.
Dying Intestate in Illinois
For those who are thinking about a will, people who haven’t prepared one, and those who are simply considering dying intestate, there are a few things that should be considered.
Lack of a Specified Executor
When drafting a will, one must name an executor who will distribute the estate among heirs upon death. Courts often appoint individuals to administer the estates of those who die without a will. This causes delays in the administration of the estate and can result in significant losses and expenses.
Family Disputes
Families often get torn apart in the absence of wills. When multiple people attempt to lay claim on the assets of a loved one, conflict is bound to arise. Careful estate planning with the help of a will attorney is the surest way of avoiding such conflicts since everyone’s share of the deceased’s estate will be clearly stated.
Minor Children and Pets
A parent’s wishes about the future care of children and pets are typically included in a will. When a parent dies intestate, the courts will appoint a guardian to take care of minor children based on what the judge decides is in the best interests of the kids. And without careful estate planning, beloved pets can end up in the shelter.
Writing a will should be a priority. Drafting a will makes it easier for heirs to cope with an individual’s death. Besides minimizing conflicts, it ensures that assets of the deceased do not end up in wrong hands. Although adults are not required by law to prepare a will, it is highly advisable. Doing this in the presence of an attorney ensures that the document adheres to legal regulations.
