Why First-Time Parents in Illinois Should Make a Will

 Posted on December 30, 2025 in Estate Planning

trusts">will, fewer than one-third of Americans have one written, as reported by Caring.com. Having a will is important for protecting your beneficiaries (the people who will inherit your belongings). For parents of young children, drafting a will is crucial.

Even if you think you have very little wealth to pass on, a will contains information that will protect your children and your wishes for them if something happens to you. At Whitacre & Stefanczuk LTD, our DuPage County, IL estate planning attorneys have the legal knowledge and skills to help make sure that your wishes are observed. As an intimate practice, we prioritize the comfort of our clients in each case.

Why Young Parents In Illinois Should Have a Will

For young parents, the single most important reason to have a will is that it provides the opportunity to designate your child’s legal guardian if one or both parents pass away. If only one parent passes away, the surviving parent is usually given legal custody. However, not all children have two parents who can care for them. In some tragic cases, both of a child’s parents pass away. If something happened to you and your child’s other parent, who would you want to care for your child? Naming a guardian is the best way to ensure that this vital decision is up to you. If you do not name a guardian, the decision about who will care for your child will be left up to the court. 

Another important reason to create a will is to ensure that property is distributed according to your wishes if you pass away. Without a will, state intestacy law dictates how belongings are distributed (755 ILCS 5/2-1). Minors cannot legally manage money or property that they have inherited until they turn 18 in Illinois. You may want to set up another legal instrument, such as a trust, to manage your property. A trust enables you to designate a trustee who will hold property on behalf of your child. 

Do We Need a Lawyer For a Will? 

Online services have made it possible to do nearly everything inexpensively using the internet. However, while online will-writing services may seem simple and straightforward, they do not have the benefit of offering customized legal advice from an experienced estate planning attorney. 

If not carefully written, wills can be contested in court, leading to additional costs and complications. Having an attorney help you write your will can ensure your wishes are respected and that you have any other estate planning instruments that you need. 

Requirements for Writing a Will in 2026

Parents in Illinois must meet a few core legal requirements to create a valid will. First, you must be at least 18 years old and have the mental capacity to understand what you are signing. That means knowing what property you own, who you want to receive it, and how the will operates.

Illinois also requires that a will be in writing. Oral wills are not recognized. You must sign the will yourself, and at least two witnesses must watch you sign or acknowledge your signature. Those witnesses should not be people who inherit under the will, as that can create problems later. While notarization is not required for a will to be valid, it can help if you want to make the probate process smoother.

Parents should also revisit their wills from time to time. Changes in finances, family structure, or the law can affect whether an older will still reflect current intentions. Regular updates help keep the document effective and clear.

Can I Control When My Child Gets Funds From My Will?

Many parents hesitate to leave money directly to a child because of timing. Under Illinois law, a child who receives an inheritance outright may gain full control at age 18. For many families, that feels too early.

A trust offers a way to control how and when funds are distributed. Instead of a lump sum, you can set specific ages or conditions for access. Some parents choose staggered distributions over time, while others allow funds to be used early for education, health care, or living expenses.

A trust also lets you name a trustee to manage the funds responsibly until your child is ready. That added structure can protect the inheritance from poor decisions, outside influence, or financial predators. For many parents, combining a will with a trust offers peace of mind and long-term protection for their children.

Contact a Cook County, IL Estate Planning Lawyer

The arrival of a firstborn child is cause for celebration. At Whitacre & Stefanczuk LTD, we stand beside parents during this joyous chapter, offering our estate planning services to provide peace of mind. Though it may be a difficult subject, making preparations can help protect your child’s future. Call 773-622-6100 to schedule your free consultation with our DuPage County, IL will and trust attorneys and find out more about how we can help.