This weekend's Chicago Sun-Times has an article written by Mary Mitchell using Anna Nicole's Smith as a reminder to get your estate plan in order. A good idea, of course.
One particular passage is a bit concerning, however. Mitchell writes:
"If you can't afford a lawyer right now, start out with a "ghetto will," by writing down your wishes and having your signature on the document notarized at the local currency exchange."
This "ghetto will" sounds a lot like what we call a "holographic will" -- a Will that is handwritten by the testator and not witnessed by others. In some states, these can be valid under certain conditions. In Illinois, they never are. A Will is not a Will in Illinois unless it is signed, witnessed and attested to in the manner proscribed by statute. In many ways, a "ghetto will" may be worse than nothing at all.
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