Wills

Will Attorneys in Bloomington

A last will and testament is the foundation of most estate plans. It tells the court who should inherit your property, who should manage your estate, and—if you have minor children—who should raise them. Without a valid will, those decisions are left to Illinois law and a judge who never knew your family.

At Koth Gregory & Nieminski, we have helped Bloomington-Normal families create wills since 1990. Whether you need a straightforward will, a guardianship designation for minor children, or an update after a divorce or other major life event, our team can guide you through it.

Call (309) 491-4595 to schedule a consultation with our Bloomington wills lawyers.

Why a Will Matters

A will gives you control over what happens to the people and property you care about. Without one, the state decides.

A properly drafted will allows you to:

  • Choose who inherits your assets, rather than relying on a default formula
  • Name a guardian for your minor children if both parents are unable to care for them
  • Select a personal representative (executor) you trust to manage your estate
  • Provide instructions for specific gifts, charitable bequests, or family heirlooms
  • Reduce the risk of disputes among loved ones after you are gone

A will also provides peace of mind. Knowing your wishes are documented and your family has clear guidance is one of the most meaningful things you can do for the people you love.

What a Will Can Cover

A will is a flexible legal document. It can be as simple or as detailed as your family’s situation requires, and it works alongside other estate planning tools to create a complete plan.

The main provisions in most wills include:

  • Distribution of assets. You decide who receives your property, in what amounts, and under what conditions.
  • Guardian designation for minor children. Probably the single most important decision parents make in a will.
  • Executor appointment. The personal representative who handles your estate through probate court.
  • Specific bequests. Family heirlooms, charitable gifts, or particular items going to particular people.
  • Trust provisions for children. Holding inherited assets in trust until children reach an age when you trust them to manage the funds.
  • Pet care arrangements. Naming someone to care for pets and providing resources for their support.

Wills do not cover everything. Assets with named beneficiaries—life insurance, retirement accounts, payable-on-death bank accounts—pass directly to those beneficiaries and are not controlled by your will. We review your full financial picture to make sure your overall plan is coordinated.

What Happens Without a Will

If you die without a valid will in Illinois, you are considered to have died intestate. The Illinois Probate Act decides who inherits your property—and the result may not match what you would have chosen.

Under 755 ILCS 5/2-1, intestate succession follows a fixed formula. If you have a surviving spouse and descendants, your spouse receives half of your estate and your descendants split the other half. If you have a spouse but no descendants, your spouse receives everything. If you have neither, the estate moves to parents, siblings, and more distant relatives in a specific order.

Beyond asset distribution, dying without a will means:

  • A court decides who raises your minor children
  • Your estate goes through a more complicated probate process
  • Family members may have to argue about who should serve as administrator
  • Your assets may end up with people you would not have chosen

A relatively simple will avoids almost all of these problems.

How Koth Gregory & Nieminski Helps

Our wills attorneys take the time to understand your family, your assets, and your goals before recommending anything. From there, we help with:

  • Drafting a new will tailored to your specific situation
  • Choosing guardians for minor children and discussing the practical considerations involved
  • Naming executors and successor executors who can handle the role
  • Identifying beneficiaries and structuring inheritances thoughtfully
  • Updating an existing will after marriage, divorce, the birth of a child, or significant financial changes
  • Coordinating your will with powers of attorney, trusts, and other estate planning documents
  • Reviewing and resolving disputes when questions arise about an existing will

We will tell you honestly whether a basic will fits your situation or whether a more complete plan involving trusts or other tools makes more sense. Our job is to give you straight guidance, not push a one-size-fits-all package.

Related Estate Planning Documents

A will rarely stands alone. Most complete plans pair it with documents that protect you during your lifetime:

  • Power of Attorney for Property — Names someone to manage your financial affairs if you become incapacitated
  • Power of Attorney for Health Care — Authorizes a trusted person to make medical decisions on your behalf
  • Living Will — Documents your preferences for end-of-life medical treatment under the Illinois Living Will Act (755 ILCS 35/)
  • Revocable Living Trust — Allows assets to pass to beneficiaries outside of probate and provides privacy

We can prepare these documents alongside your will so everything works together.

Frequently Asked Questions

How often should I update my will?

Whenever a major life event occurs—marriage, divorce, the birth of a child, a death in the family, or a significant change in your finances. Even without big changes, a review every few years is a good idea.

Can I write my own will?

You can, but DIY wills frequently fail to meet Illinois signing requirements or contain ambiguous language that leads to disputes. A lawyer-drafted will protects against both problems.

What makes a will valid in Illinois?

The testator must be at least 18 and of sound mind. The will must be in writing, signed by the testator, and signed by two credible witnesses in the testator’s presence.

Does a will avoid probate?

No. A will directs how your estate moves through probate. If you want to avoid probate entirely, a revocable living trust is usually the better tool.

Schedule Your Consultation With Our Bloomington, Illinois Wills Lawyers

Putting a will in place is one of the most practical things you can do for the people you love. Our Bloomington wills lawyers are ready to help you create a plan that protects your family.

Call Koth Gregory & Nieminski at (309) 491-4595 to schedule a consultation.