Main Office (630) 793-6337
Top
Wills

Roscich & Marel Law Firm, LLC is committed to helping protect your parental rights. Our Naperville DCFS defense attorney is here to guide you through the process.

Will Attorney Naperville

Protecting Your Assets for Future Generations with a Naperville Will Lawyer

When you think about estate planning, drafting a will is one of the most critical legal measures to consider. Your will serves as a crucial document that outlines your wishes for how your assets should be distributed after death. Without it, the courts are left with no clear direction, which can leave loved ones in limbo as they wade through the difficult probate process. 

At Roscich & Martel Law Firm, LLC, clients find that our focus on attentive service and personalized solutions is vital in developing a will that fits your needs. A lot of thought should go into it, so we will ask you questions in our initial consultation that you may not have yet considered. We will help you discover what is really important to you and your family.


For legal assistance with wills and trusts, call our Naperville wills lawyer at (630) 793-6337.


 Why You Need a Will Lawyer in Naperville

Dying intestate means passing away without a valid will in place. This can be problematic for many reasons. Firstly, the probate process can be long and costly without your testamentary directions, leaving your loved ones without guidance during a critical time. Without a clear plan, your assets will be distributed according to state law, which may not align with your wishes. 

For example, if you have a partner but are not married, they will not be entitled to inherit anything. Even if you are married, your assets may still not be divided as you wish. Furthermore, without a will, the court will also appoint an executor to oversee the distribution of your assets, meaning that you have no control over who handles your affairs. 

Though you may feel like you have plenty of time, it’s never too early to begin preparing for the future. Planning now will protect your family’s best interests and ensure financial stability for years to come.

A properly prepared will offers peace of mind, knowing that your loved ones are protected and your wishes are respected. It provides a clear plan for asset distribution and allows for the designation of guardians for minor children, ensuring their future security. By consulting a Naperville will lawyer, you can also receive guidance on minimizing estate taxes and addressing unique family dynamics, thereby reinforcing the protection of your legacy.

Preparing to Draft Your Will with a Will Attorney

When it comes to preparing your will, the first step you need to take is to find experienced, reliable legal representation. We understand that dealing with end-of-life matters can be a sensitive issue, so we suggest seeking the services of seasoned legal professionals like our will attorneys at Roscich and Martel Law Firm, LLC.  With years of experience in estate planning, we have helped countless families safeguard their legacies and ensure that their loved ones are cared for in the event of their passing.

At your initial will conference, we will discuss your options and make recommendations regarding the following factors:

  • The makeup of your estate: Consider your tangible and intangible assets, debts, and liabilities.
  • How you want your estate distributed, to whom, and when: Specify exact wishes to avoid conflicts.
  • Estate tax and inheritance tax possibilities: Explore ways to minimize tax impact.
  • Whether trusts for you or your children are appropriate: Protect assets and provide for long-term care.
  • How to avoid the time and expense of probate: Stipulate strategies like designated beneficiaries or joint ownership.
  • The physical care of your minor children in your absence: Designate trusted guardians.
  • The need for living directives and resuscitation desires: Outline your healthcare preferences.
  • The management of your property if you are disabled: Establish powers of attorney.

You should also come prepared with the following information:

  • Value of all assets, including life insurance
  • Persons to be appointed to act as representatives of you or your estate (executor, trustees, agents for Powers of Attorney)
  • Persons to care for your children in your absence (guardians)

We recommend you address these issues now, before life situations make them emergency decisions. Our clients have benefited emotionally, physically, and financially from our knowledge and broad-based advice on preparing wills. Creating a will is not just about asset distribution but about protecting your family's future and honoring your final wishes. This strategic planning can provide comfort that your legacy is preserved.

The Importance of Regular Will Updates

Beyond drafting an initial will, it's equally crucial to regularly update your will to reflect changes in your life circumstances. Significant life events such as marriage, divorce, the birth of a child, or changes in financial status can all necessitate updates to your estate planning documents. A will that fails to account for these changes may no longer accurately represent your wishes or provide for your loved ones as intended.

At Roscich & Martel Law Firm, LLC, we recommend reviewing your will every few years or sooner if you experience a major life change. This regular scrutiny ensures that your estate plan adapts to legal changes, such as shifts in federal or state tax laws, or new estate planning strategies that might benefit you. As your trusted will attorney in Naperville, we can help guide you through these updates efficiently, ensuring your peace of mind with a plan that stands the test of time.

Commonly Asked Questions

Why Should I Use a Will Attorney in Naperville?

Using a will attorney in Naperville offers you the advantage of local expertise, ensuring that your will and estate plan comply with Illinois laws and local regulations. A local attorney can provide more personalized service and is accessible for face-to-face meetings. They have a better understanding of community standards and common legal concerns in Naperville, allowing them to tailor their advice and services to suit your specific needs and situation effectively.

What Documents Should I Prepare Before Meeting an Attorney?

Before meeting with a will attorney, it's crucial to gather important documents that provide a comprehensive overview of your assets and wishes. Include a list of your assets, such as property deeds, bank and investment account statements, and any insurance policies. You should also have documents that outline loans or debts, information about your family members and beneficiaries, and any previous wills or estate plans. Bringing these documents will streamline the process and help your attorney develop a thorough and effective will.

How Often Should I Revise My Will?

It's wise to review your will every three to five years or immediately following major life events such as marriage, divorce, the birth of a child, or significant financial changes. Regular revisions ensure that your will reflects your current wishes and circumstances. In addition, changes in tax laws can impact estate planning strategies, making it beneficial to consult with a will attorney to verify that your estate plan remains optimal and legally sound.

What Happens If I Die Without a Will in Naperville?

If you pass away without a valid will in Naperville, your estate will be subject to Illinois intestacy laws. This typically results in your assets being distributed according to a predetermined formula, which may not align with your wishes. For example, if you are married with children, a portion of your estate may go to your spouse and the remainder to your children. This approach may not take individual circumstances into account, potentially causing unintended disinheritance or family disputes. Working with a will attorney ensures your estate is distributed according to your preferences, minimizing potential conflicts.

How Does a Will Differ from a Trust?

A will and a trust serve different roles in estate planning. A will outlines your wishes for distribution of assets after death and is subject to probate—a public process that can be lengthy and costly. A trust, on the other hand, can manage your assets both during your lifetime and after death, potentially avoiding the probate process and providing greater privacy. Trusts can offer more control over when and how your assets are distributed and may afford certain tax advantages. Consulting with a Naperville will attorney can help determine the most appropriate approach for your unique situation.

Real Reviews From Our Clients

  • Very good experience

    Deepjay G.
  • "I will tell you this they will handle all my future legal matters."
    Tom M.
  • "Zach not only listened but heard all of my concerns and questions."
    Karen L.
Our Values What Our Work Means
  • Client First Approach
  • Courtroom Experience
  • Honest and Knowledgeable Legal Guidance
  • Award-Winning Team of Attorneys
Free Consultations Available Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (630) 793-6337.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy