Are Out-of-State Wills Valid in Illinois?

Just moved to the McHenry, IL area? Wondering if your out-of-state will is still valid?

Rest assured – it usually is. 

As long as your will meets the requirements for a will that was executed in Illinois, your will should be valid, or enforceable in Illinois.

As of the date of this blog post, for a will to be valid, or enforceable, in Illinois, it needs to be:

• In writing;
• Signed by the testator (person the will is for); (Or signed by someone in the presence of and by the direction of the testator);
• Attested in the presence by 2 or more credible witnesses; and
• By a testator that is:
  • At least 18 years old;
  • Is of sound mind and memory; and
  • Has the power to bequeath by will the real or personal estate which he has at the time of his death.

(735 ILCS 5/4-1(a) and 5/4-3(a))

Although the will may be valid, it may not be all that accurate.

If you are new to McHenry, IL or the surrounding area, it is in your best interest to have the estate planning team at Diamond Legal review your will and your overall estate plan to see if you need any updates.

Moving to Illinois Means New Laws to Consider

No matter where you live across the United States, each state has its own laws about, wills, trusts, estate taxes and the probate process. 

Some states – Illinois included – even have an estate tax. 

Diamond Legal can make sure your will (and your estate plan as a whole) is created to protect your interests and your family’s interests based on Illinois state laws should the unthinkable happen to you.

Take the Time to Reassess and Evaluate Your Will and Estate Plan Every 3-5 Years

Nothing in life remains the same – which is why even if you hadn’t moved to McHenry, IL, you would need to take some time to reevaluate your will, since various circumstances surrounding your life may have changed from when you originally drafted your will or estate plan.

Changes may look like any of the following:

• Moving to a different home or state
• Birth of a child
• Loss of a loved one
• Career change
• Start of a new business

Assessing your will and estate plan every 3-5 years is best. Remember, an up-to-date will ensures that your wishes are current and carried out. 

Diamond Legal can go over your current will and aspects of your daily life to make sure whatever change you have experienced is protected.

Estate Plans Require Changes, Too

A last will and testament alone will not protect all of your interests. An estate plan is far more comprehensive, containing trusts, powers of attorney, deeds, advanced directives, beneficiaries, and more – along with your will.

If you already have some of these items in place, many may no longer be valid or meet your needs since you’ve moved to McHenry, IL, from another state.

For example:

• Does the person named in your power of attorney live nearby? 
• What about the guardians for your children?
• Are your advanced directives still valid? 
• What about the executor of your estate? 
• Has your income or financial situation changed?

There’s a lot to consider, but don’t worry.

Our team at Diamond Legal can help you sort out it all, ensuring your estate plan is up to date. (And if you don’t have an estate plan in place yet, we can help you set one up.)

Contact Diamond Legal to Update Your Will and Estate Plan Today

Here at Diamond Legal, we pride ourselves on being a pillar in our community. We are committed to our clients – protecting the interests of McHenry, IL residents – through estate plans personalized to meet each one of their varying needs.

We would love to welcome you to the McHenry, IL area and understand your situation. Our goal is to develop a will and estate plan that aligns with your long-term objectives.

Schedule a free consultation with our office today to learn more! 

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.