Why the Illinois Plan Won't Reflect Your Values







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In this episode of Estate Planning Confidence, we finally pull back the curtain on a topic that’s been hiding in plain sight in every episode so far: dying without a will in Illinois, also known as intestacy.



Here’s the uncomfortable truth: If you don’t have a plan, Illinois has one for you — but it probably won’t reflect your wishes, your family’s needs, or your values.



Dying without a will in Illinois triggers a set of strict legal rules called intestacy laws. "Intestacy" may sound like a technical term, but it’s deeply personal — it’s what happens when someone dies without a valid will. When that happens, Illinois has a plan for how to handle everything you leave behind: your property, your debts, and your family’s future.



Many people assume their spouse will automatically get everything or that their kids can simply work it out together. Unfortunately, that’s not how it works.



As Bob explains: “If you don’t make a plan, Illinois has a plan for you — but that plan is rigid, impersonal, and often exactly the opposite of what you’d want.”



Here’s what happens when you die without a will in Illinois:




The law dictates who inherits your property: for example, half to your spouse and half to your children, even if they’re minors, as we discussed in Episode 3.



The court appoints an administrator — not an executor of your choosing — to run your estate.



A bond is required as insurance, adding expense and delay.



If your children are under 18, their inheritance is tied up under court supervision until they reach adulthood.



Creditors get first crack at your estate — following a strict order of priority, as we discussed in Episode 6.



And if no family member steps forward quickly enough? Creditors can step in, take control, and manage your estate themselves, like in Episode 6.




This isn’t just a theoretical problem or a problem for wealthy families. Dying without a will in Illinois affects ordinary families hardest — those who can least afford delays, legal costs, and court-imposed restrictions.



At its core, intestacy laws exist to prevent chaos when someone dies without a plan — to answer basic questions like:



Who gets what? Who’s in charge? How are debts paid?



But they answer these questions in ways that often ignore practicality, compassion, or your personal wishes.



That’s why estate planning matters: it’s how you stay in control and protect your family — and why understanding the risks of dying without a will in Illinois is so important.



If you want to avoid leaving these decisions to Illinois statutes and probate judges, the solution is simple:✅ Name your executor✅ Decide who should inherit✅ Nominate a guardian if you have young children✅ Put it all in a valid will



The Estate Planning Confidence Book



And if you’re wondering how to begin, we’ve created a free resource to help: the Estate Planning Confidence book — a clear, concise guide that answers the most common questions and gives you a roadmap for action.








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