Legal Question in Wills and Trusts in Illinois

Re: need a will?

Your estate(s) would go through intestate probate. With two adult living sons they would each receive 1/2 of the estate. Both would have equal preference to serve as administrator, so they would need to agree, otherwise the judge would decide who serves. If one of your children predeceased you their share would pass to their children, if any. If the grandchild is a minor a personal fiduciary would be appointed to represent the child's interests.

The representative would have to purchase a surety bond. If for no other reason, this is a good reason to have a Will because a will can waive this requirement.

Re: need a will?

Hello. If you and your husband were

to die at the same time, your sons would each take 1/2 of your estate.

You both need a will to make it easier

on your sons, just in case. If you own a home, I suggests that it be put

in a land trust.