Practice Area
Estate Planning
An estate plan says who gets what, who is in charge, and who speaks for you if you cannot. I write plans for Illinois families in plain English.
Why a plan matters
A plan does two jobs. It covers what happens after you die. It also covers what happens if you are alive and cannot make decisions.
Many plans miss the second job. That gap is what costs families the most: in emotion, in energy, in relationships, and in money.
What happens if you die without a will in Illinois?
Without a will or a trust, Illinois law decides who inherits. The law is a fixed formula. It does not know your family.
If you are married with children, your spouse does not get everything. Your spouse gets half, and your children split the other half.
If a child is under 18, a court-supervised guardian manages that child's share. At 18, the child receives what is left, outright.
An unmarried partner inherits nothing. Neither does a stepchild you never adopted, or a friend or charity you meant to remember.
A will or a trust replaces the formula with your choices: who inherits, when, and who is in charge.
Does a will avoid probate in Illinois?
No. A will is a set of instructions to the probate court. It does not keep your family out of court.
Probate is the court process for settling an estate. The court appoints the person who settles it. Creditors get notice and have six months to file claims. So most probates take at least six months, and many take a year or more.
Probate costs money: court fees, the published notice, a bond in some cases, and attorney fees. The court file is public. Anyone can read the will.
Probate reaches what is in your name alone with no beneficiary named. Life insurance and retirement accounts with a named beneficiary, accounts marked payable on death, and joint accounts with survivorship already pass outside it. A funded living trust lets everything else pass the same way, privately.
Illinois has a small-estate affidavit for estates of $100,000 or less with no real estate. Most homeowners do not qualify. And real estate in another state can mean a second probate there.
What happens if you cannot make decisions and have no power of attorney?
If you cannot act and you have no powers of attorney, your family may have to ask a court to appoint a guardian.
No one, not even your spouse, can sign for you on accounts in your name alone. That includes your retirement accounts and your half of the house if it needs to be sold.
An Illinois guardianship starts with a petition and a medical report. The court appoints a guardian ad litem to meet with you and report back, and a judge holds a hearing. After that, the guardian answers to the court: an inventory, yearly accounts, and court approval for decisions like selling a home. It is slow and expensive, and families sometimes disagree about who should serve.
Powers of attorney avoid most of this. Illinois has two: one for property and one for health care. Each names a person you trust to act for you, with no court involved. A funded living trust adds a successor trustee who can step in for the assets it holds.
Illinois lets certain family members make some medical decisions without a power of attorney. There is no such default for money.
What goes into a plan
Wills
A will says who gets what. It also names a guardian for minor children. A will goes through probate court.
Revocable living trusts
A trust holds what you own and names who manages it. A funded trust can keep your family out of probate and keep the details private. I also draft trusts that hold an inheritance for a child or for a loved one with special needs.
Powers of attorney
A power of attorney for property names the person who handles your money and accounts if you cannot.
Health care directives
A health care power of attorney names who speaks with your doctors. A living will puts your wishes about end-of-life care in writing.
Estate tax planning
Illinois has an estate tax. It starts at $4 million per person. The house, retirement accounts, and life insurance count toward it. I check where you stand and plan for it.
Beneficiary review
Retirement accounts and life insurance pass by the form on file, not by your will. I check that the forms match the plan.
For more on the Illinois estate tax, see yearly gifting and the Illinois estate tax.
Who this is for
Parents of young children who need to name a guardian
Homeowners who want to keep their family out of probate
Business owners who need a plan for who takes over
People with retirement accounts or life insurance
Anyone who wants to choose who makes medical decisions for them
Families caring for a loved one with special needs
If you own a business
A business is often the largest thing a family owns, and the hardest to pass on. Your plan should say who runs it and who owns it if you die or cannot work.
If you have partners, a buy-sell agreement sets who can buy your share and how the price is set. The way the business is set up (an LLC, a corporation, or a partnership) changes how your share passes and whether a trust can hold it.
I read the business agreements and the estate plan side by side, so they say the same thing.
What clients have said
“I wanted to share a fantastic experience we had with Legacy & Life Law Firm, LLC for our estate planning needs. They took the time to explain the differences between a will and a trust in a way that was incredibly easy to understand. Because of their patience and professionalism, we now have complete peace of mind knowing our family is protected. If you're looking for a top-notch estate attorney, I highly recommend them.”
“We recently worked with the Legacy and Life Law Firm to prepare a will and trust. The experience was excellent from start to finish. I recommend them strongly if you are looking for knowledgeable and trustworthy legal advice and assistance in preparing a well designed trust.”
These are individual clients' words about their own experience. Every family's situation is different, and no result is promised.
How I work
I listen first
The first meeting is about your family and what you want. The documents come after.
Plain English
I explain each document and why it is there. You should understand what you sign.
One attorney
You work with me from the first conversation to the signing.
A plan that fits
I draft your plan for your family and what you own. It is not a form with your name filled in.
Common questions
- What makes estate planning in Illinois different from other states?
- Each state writes its own rules for wills, trusts, probate, and powers of attorney. Illinois also has its own estate tax. It starts at $4 million per person. The federal exemption is about $15 million per person. If you moved here with a plan from another state, I read it against Illinois rules and tell you what I would change.
- I have a simple will. Is that sufficient for estate planning?
- A will is a good start. It is one piece. A will alone does not avoid probate, and it does nothing if you are alive and cannot make decisions. Most plans I write pair a will with a trust, powers of attorney, and health care directives. Bring what you have and I will tell you where it stands.
- What is the difference between a will and a trust, and which do I need?
- A will says who gets what after you die and names a guardian for minor children. It goes through probate court. A trust holds what you own and names someone to manage it, during your life and after. A funded trust can avoid probate, keep things private, and let you set terms, such as the age a child receives money. Which one fits depends on your family and what you own. That is what the first conversation is for.
- Why are Powers of Attorney and Healthcare Directives so important?
- A plan has to work while you are alive, too. A power of attorney for property names who handles your money if you cannot. A health care power of attorney names who talks to your doctors. A living will puts your wishes in writing. Without them, your family may have to go to court to have a guardian appointed.
- Does Illinois have an estate tax?
- Yes. It starts at $4 million per person. Your house, retirement accounts, and life insurance all count toward that number. There is no cliff. The tax phases in above $4 million. An estate of $4,100,000 owes about $28,571. An estate of $5,000,000 owes about $285,714. The federal estate tax exemption is much higher, about $15 million per person. If you are near $4 million, I will show you where you stand.
- What happens during the probate process, and can it be avoided?
- Probate is the court process for settling an estate. The court confirms the will, debts are paid, and what is left goes to the people named. It takes time, it costs money, and the filings are public. Much of it can often be avoided with a funded living trust, beneficiary designations, and the way accounts are titled. I will tell you which of those fit your situation.
Start with a conversation
The first conversation is free. It is called a Legacy Mapping Session. Answer a few questions, then pick a time.
Book a Legacy Mapping Session