Matthew S. Payne is a Chicago-based attorney with a 20-year record of success in civil litigation, real estate law and estate planning.

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Planning a will with the heirs in mind

On Behalf of | Mar 3, 2022 | Estate Planning

Planning a will can be much easier for those who already know who they want to leave their assets to when they pass away. One of the most difficult decisions an Illinois resident can face is being fair with their heirs when they have considerable property to distribute. Along with bypassing the probate process as much as possible, the goal in most situations is for the inheritors to not fight over distribution as well. Actually, in order to avoid any contest to a will, it is best for people to know ahead of time what will happen when the will is actually read. Here are a few considerations for testators when making final decisions regarding their will.

Choose an effective executor

The first good decision will be choosing the executor wisely. Not everyone is suitable to be an executor of a will, and even an addiction problem can be a reason for the court to reject a designated individual. Not only should they be willing to serve and competent enough to complete all obligations, but they should also have the available time to perform the tasks at hand.

Make the will difficult to contest

Another important aspect of designing a last will and testament is to remove any chance of it being contested. One of the major reasons wills are contested is the state of mind of the testator, so ensuring there are sufficient notary public witnesses to being of sound mind at the time of finalizing the will can be very important.

Prior distribution of property and assets before the ultimate end can be an effective step in the right direction as well before the eventual end. This can best be accomplished with property that is not being questioned, and it can eliminate certain assets from the discussion one at a time before the final reading.