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A Personal Property Memorandum is a flexible and easy to use document that permits you to freely put together a List of your smaller, tangible items including clothing, jewelry or pieces of art to be given to your intended beneficiary.
Everything you own, aside from real property, is considered personal property. This includes material goods such as all of your clothing, any jewelry, all of your household goods and furnishings, and anything else that is movable and not permanently attached to a fixed location such as your home.
To be valid under Illinois law, a codicil must be: Executed by an individual 18 years of age or older who is of sound mind and memory. In writing. Signed by the testator or by another person at the testator's direction and in the testator's presence.
A properly prepared personal property memorandum will be specifically referenced in your trust or will and will be prepared in the testator's own (ideally legible) handwriting and signed. No witness or notary signatures are required. The memorandum can be revised or replaced as often as the testator desires.
The assignment of personal property assigns your belongings to your trust to ensure these items do not have to go through the probate process.
Personal Property Memos Are Not Legal In Illinois A codicil should specify what parts of the will are being changed, and also be dated to make sure the probate court recognizes that it is valid.
A handwritten will may be valid in Illinois if it meets the legal requirements. Illinois probate requirements for a valid will are: The testator (the creator of the will) must be at least 18 years old. The testator must be of sound mind and have the mental capacity to understand the consequences of his or her actions.
It includes the land and any permanent improvements to the land like buildings, fences, landscaping, driveways, sewers, or drains. Personal property is all property that is not real property like automobiles, livestock, money, and furniture. For more information see Illinois Property Tax Code, 35 ILCS 200/1-130.
Public property refers to any property owned by the government on a local, state or federal level. Typically, public property includes structures like government office buildings, public parks, public areas and pieces of infrastructure, like roadways.
In general, a testator in Illinois can disinherit anyone including a spouse. In fact, Illinois is one of the few states that allow married people to use estate planning techniques to ensure there is no eligible property left for surviving spouses claiming renunciation shares.