Wills Gone Wrong: How Poor Planning Leaves Families in Court While In Grief
A signature. A missing clause. One wrong move—and your family pays the price.
When a loved one passes, the last place a family should find themselves is in a courtroom. Yet that’s exactly what happens when an estate plan is outdated, improperly signed, or missing critical details. These aren’t rare mistakes—they’re common, costly, and completely preventable.
It’s a month of planning and making smart choices for the year to come. At Russo Law Offices, we believe estate planning belongs right alongside those decisions. Because the smartest families aren’t just planning for today, they’re protecting their future.
1. The Will That Wasn’t Valid in Illinois
A father passes away in Illinois. His will, created in another state, is rejected by the court. It lacked proper witness signatures and wasn’t compliant with Illinois law. His assets are distributed according to intestacy laws, bypassing the people he wanted to provide for.
What went wrong
Illinois law requires a will to be signed by the testator and witnessed by two individuals who are not beneficiaries. Without this, the will may be declared invalid, no matter the original intent.
What Allyson Russo recommends
If your estate documents were created outside of Illinois or have not been reviewed recently, now is the time to act. Russo Law Offices ensures your documents meet Illinois legal standards and reflect your current wishes.
Protect your estate today
Why updating your will after a move is more important than you think
2. The Handwritten Disaster
A woman tries to change her will after signing it. She scratches out one name, writes in another, and leaves notes in the margins. The result is legal chaos. Her family ends up in court, spending thousands to interpret her intentions.
What went wrong
In Illinois, handwritten changes made after a will is signed are not valid. These edits often lead to the entire document being contested or partially thrown out.
What Allyson Russo recommends
Never write on your estate documents. If your wishes change, we will help you amend your will through a legal codicil or redraft a new one that protects your intentions and avoids conflict.
Learn how to keep your family out of court
How to prevent disputes over your will before they begin
3. The Missing Assets
A man leaves his house to his daughter in a will, but years before his death, he sells the home. The rest of his assets are never mentioned in the will. Because there is no residuary clause, Illinois’ intestacy law takes over. A distant cousin inherits part of the estate, against his wishes.
What went wrong
Estate documents that only name specific assets, without accounting for everything else, leave gaps. Those gaps are filled by Illinois law, which may not align with your plans.
What Allyson Russo recommends
We create comprehensive estate plans that account for all assets, present and future. This includes a strong residuary clause to ensure that nothing is left to chance.
Avoid this costly mistake
What happens to property that isn’t included in your will
4. When Probate Becomes Public, Expensive, and Delayed
Many families are surprised to learn that probate is a public legal process in Illinois. It can take anywhere from six months to two years, and the associated legal fees and court costs can drain the value of an estate quickly.
What Allyson Russo recommends
We design estate plans that minimize or avoid probate altogether. Tools like revocable living trusts, payable-on-death (POD) accounts, and transfer-on-death (TOD) deeds allow your assets to pass directly to your beneficiaries without unnecessary delays or expenses.
Get ahead of probate now
Understand the true cost and timeline of probate in Illinois
5. The Missed Opportunity: Small Estate Affidavits
Many families qualify for a simplified probate process in Illinois, but miss the opportunity due to poor planning. If the estate is under $100,000 and doesn’t include real estate, a small estate affidavit may be used to avoid court altogether.
What Allyson Russo recommends
At Russo Law Offices, we examine the full picture. If you qualify for a small estate process, we will help you take full advantage of this faster, simpler option.
See if your estate qualifies
Is probate always necessary in Illinois? Know your options
Final Thoughts from Allyson Russo -
Most people never intend to leave behind a legal mess, but unfortunately, that is precisely what happens when estate plans are outdated, incomplete, or improperly executed. These probate problems are preventable. The key is working with a legal partner who understands how to protect your intentions and guide your family through the process with clarity and care.
Whether you are drafting your first will, updating old documents, or preparing to administer a loved one’s estate, Russo Law Offices is here to help you move forward with confidence.
Take the next step today!
Schedule a private consultation with Russo Law Offices
Get Started Today: Download our FREE Guide to Writing a Will to learn more about your options and get started with confidence.
*The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. Each individual's situation is unique, and the laws regarding estate planning can vary by jurisdiction. It is essential to consult with a qualified estate planning attorney to discuss your specific circumstances and to receive personalized legal advice. Russo Law Offices is not responsible for any actions taken based on the information contained in this post.