Geneva, Illinois Estate Planning Attorneys

Lawyers for Wills and Other Estate Planning Documents in Kane County

Did you know that approximately 60 percent of U.S. adults do not have a will? There are countless reasons that a person may not have a will or any other estate planning instrument in place. Many incorrectly assume that a will is only needed if a person is wealthy or owns complex assets. Others know that creating a will is an important responsibility, but they procrastinate estate planning because it involves facing their own mortality.

If you are ready to take the first step to begin your estate plans or you want to modify existing plans, Emily Rapp at McSwain Nagle Giese & Rapp, P.C. can help. Our experienced attorneys understand the complex laws that regulate estate planning in Illinois, and we know how to build strong estate plans that meet the state's requirements.

Creating Your Last Will and Testament in Wheaton

A will allows you to formalize your wishes regarding what happens to your property after you pass away. Without a valid will, you do not have a say in how your property is distributed to heirs upon your death. Property is instead distributed according to Illinois intestacy laws, which means that your family may also have very little, if any, control over what happens to your property. A will also enables you to:

• Name an executor who will be responsible for managing your estate upon your death;
• Make arrangements for settling any outstanding debts;
• Donate funds from your estate to charitable organizations of your choosing;
• Appoint a guardian for your minor children;
• Describe your funeral and burial wishes in detail; and
• Address other concerns regarding how your estate should be handled.

In the movies, a dying character may scrawl a handwritten will in the last moments of his or her life, but in reality, wills must meet strict criteria in order to be legally enforceable. If someone challenges the validity of your will through a will contest and wins, it is possible that your will could be set aside by the court, and your wishes will not be followed. This is why it is so crucial to work with a skilled estate planning attorney when creating a will or any other estate planning document.

Powers of Attorney

If you were in a terrible car accident or became incapacitated by a major illness or injury, who would you want to speak on your behalf with regard to financial and healthcare decisions? Although it is an uncomfortable topic to consider, it is essential to plan for the possibility that you may someday be unable to express your wishes due to physical or mental incapacitation. A power of attorney for healthcare is an estate planning tool that lets you choose a representative to make medical decisions on your behalf. A financial power of attorney or power of attorney for property allows you to choose an agent who will make decisions related to money and property on your behalf. Some people assign these roles to different individuals while others assign financial and healthcare decision-making authority to the same person.

Emily Rapp at McSwain Nagle Giese & Rapp, P.C. will help you determine how to structure your powers of attorney so that you can have the peace of mind that you deserve. We will work with you in choosing the right person to serve as your agent and granting him or her sufficient authority to manage your affairs in the event you are not able to do so on your own.

Schedule Your Free Consultation Today

Do not put off estate planning any longer. Contact our office to get the legal guidance you need to ensure that your final wishes will be followed. Call 630-402-0185 and schedule a free consultation with Emily Rapp at McSwain Nagle Giese & Rapp, P.C. today. Our lawyers serve individuals and families in Geneva, St. Charles, Batavia, Elgin, Elburn, Naperville, Wheaton, Kane County, Kendall County, DuPage County, and the surrounding areas.