WHAT HAPPENS IF YOU DIE
WITHOUT LEAVING A VALID WILL

Illinois law establishes the right to make a Will, but it is not mandatory. However, if there is no Will, the court distributes the property to the legal heirs of the deceased according to law. Just how the property will be distributed depends on the circumstances of each situation. For example, if there is a widow and one or more children, the widow gets half and the children get half. In all cases the law is rigid and makes no exception for those in unusual need or to other circumstances.

An individual without a Will has no voice in the selection of who will handle his estate nor who will act as guardian of his children. A Will gives you the choice of distributing your estate to take care of your particular needs and goals.

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The following is not a real Will, but it accurately tells what can happen when you do not have a legally correct Last Will and Testament drawn up for you by an attorney. If you haven't done so, do it now.

 

LAST WILL AND TESTAMENT OF JOHN DOE (DRAWN UP FOR HIM BY THE STATE BECAUSE HE DIED WITHOUT A VALID WILL) I, JOHN DOE, of Anytown, Illinois, hereby do make, publish and declare this to be my Last Will and Testament. FIRST ARTICLE I give my wife one-half (1/2) of my assets which I own in my own name, and I give my children the remaining one-half (1/2). I. I appoint my wife as guardian of my children, but as a safeguard I require that she report to the Probate Court each year and render an accounting of how, why and where she spent the money necessary for the proper care of my children. II. As a further safeguard, I direct my wife to produce to the Probate Court a Performance Bond to guarantee that she exercises proper judgment in the handling, investing and spending of the children's money. III. As a final safeguard, my children shall have the right to demand and receive a complete accounting from their mother of all of her financial actions with their money as soon as they reach legal age. IV. When my children reach age eighteen (18), they shall have full rights to withdraw and spend their shares of my estate. No one shall have any right to question my children's actions and how they decide to spend their respective shares. SECOND ARTICLE Should my wife remarry, and also die without a will, her second husband shall be entitled to one-half (1/2) of everything my wife owns in her own name. I. Should my children need some of this share for their support, the second husband shall not be bound to spend any part of his share on my children's behalf. II. The second husband shall have sole right to decide who is to get his share even to the exclusion of my children. THIRD ARTICLE Should my wife predecease me or die while any of my children are minors, I do not wish to exercise my right to nominate the guardian of my children. I. Rather than nominating a guardian of my preference, I direct my relatives and friends to get together and select a guardian by mutual agreement. II. In the event that they fail to agree on a guardian, I direct the Probate Court to make the selection. If the court wishes, it may appoint a stranger acceptable to it. FOURTH ARTICLE Under existing tax law, there are certain legitimate avenues open to me to law death taxes. Since I prefer to have my money used for governmental purposes rather than for the benefit of my wife and children, I direct that no effort be made to lower taxes. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, on this______________ day of___________________ , 20___________ . _____________________________________ John Doe