Legal Question in Wills and Trusts in Illinois

I have been divorced since 2008 and there were no children from the marriage. I do not have contact with my ex. I�m not even sure where he lives. I do not have much personal property or wealth and so I am looking at online will services/forms. Can I fill out a will meant for single people or must I fill out a form for what they list as:

Wills for Divorced Persons (not remarried) With Adult Children

Wills for Divorced Persons (not remarried) With Minor Children

Wills for Divorced Persons (not remarried) With No Children

I would fit in the category of the last option. Is there a real difference/are there negative consequences if I file a single persons will or a will for �Divorced Persons (not remarried) With No Children?


Asked on 3/24/15, 9:34 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Single or divorced and not since remarried with no children probably doesn't make any difference. Word of caution: there are good will forms available on the internet and else where free or almost free. However, the manner in which a will is signed is as significant as the terms contained in the will. Witnesses need to be independent, and need to sign an attestation form certifying that they believed the testator to be of sound mind and memory at the time of signing and under no undue influence to sign, optimally a Notary would witness the witnesses and the testator (not legally required but cuts off a lot of questions).

An attorney would explain all the foregoing to you and help you with a durable power of attorney for health care and for property, all for a reasonable rate.

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Answered on 3/24/15, 11:45 am
Henry Repay Law Offices of Henry Repay

I encourage you to drop all these options and see an attorney. While theoretically you could use one of these forms, I have yet to see a will done correctly when not done by an attorney. Some have turned out alright in that certain eventualities, that were not considered, did not come to pass. Others, were not admissible at all. Others have been fine to accomplish what was stated, but it was clear that better alternatives were never considered. None of them were what I would consider "right."

In most of my appointments concerning wills, it is clear that the clients are thinking only of typical distributions without considering consequences, alternatives that may accomplish a purpose, etc. An attorney should help you to think through the planning process.

That said, without seeing the language, I am not sure how the third form you mention would differ significantly from a simple will. You might save them both and run a document comparison through your word processor.

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Answered on 3/24/15, 11:51 am


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