Legal Question in Wills and Trusts in Illinois

Re: For my minor child

To accomplish what you want, you will need two forms, a will and a trust. The will would be used to name your child's guardian, which may or may not be honored if the child's other parent survives your death and has not surrendered their parental rights. Also, the court's job in selecting a guardian is to do what is in the best interests of the child, but the court will give great weight to what the parent had to say by will. Absent a dispute by another, interested party with a superior claim, your wishes should be honored.

Because your child is a minor, anything left to the child by will would also require a court proceeding, called a guardianship or conservatorship proceeding, EACH YEAR from the date of your death until the child turned 18. This is like going through probate annually, including legal fees each year. instead, you could provide in your will a trust, called a testamentary trust, or could establish one now, called a living trust, to provide for your child but withhold complete and unfettered control of the funds until an age later than 18. Most folks choose age 25 or 30.

Please call me if you would like either or both of these documents prepared. YOu would need an appointment.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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