Legal Question in Wills and Trusts in Illinois

Hi Kenneth,

If an attorney helps you with a Will, and if that Will eventually has some undesirable effect, that attorney might be sued for malpractice. Therefore, most estate planning attorneys will not want to help you fill out the blanks on a form Will. All Wills are not created equal. If there is an unusual provision in that form Will that brings disasterous consequences to your loved ones, that attorney could be held liable -- even if he only helped you fill in the blanks.

Instead, most attorneys will encourage you to allow them to draft your Will by using a format that they are comfortable with to assure you (and themselves) that it is extremely unlikely that any litigation will occur after your death. Any attorney worth hiring would probably refuse to help you fill in the blanks on a form Will. I certainly would.

While I live in the suburbs of Chicago, I have family in Montgomery and I visit there occasionally. I'd be happy to help you with a Will if you like. You can also look for a lawyer on: http://www.illinoislawyerfinder.com/index.html. This website is run by the Illinois State Bar Association as a public service.