Illinois estate planning attorney Ryan Hejmanowski has practiced law for more than 19 years, and during this time he has helped countless clients create estate plans to protect families and provide for a comprehensive distribution of assets. He provides a free consultation and fixed fee estate plans. His practice is dedicated to estate planning, probate, and business succession and transactions.
Estate planning in Illinois is more than writing a will or providing for the distribution of assets upon death. It is the process of making legally enforceable decisions about your property, your medical care, and your legacy – including decisions about your care if you become incapacitated during your life and are unable to make decisions about your finances, healthcare, or end-of-life wishes.
Without an estate plan, the Illinois Probate Act of 1975[1] controls how your assets will be distributed. This often leads to unintended distribution results, unnecessary burdens on family members, and a greater potential for fighting and litigation between loved ones.
Many clients looking for the best estate planning lawyer want more than documents. They want peace of mind, knowing their wishes will be honored. They also want experienced legal help with someone who can guide them through the process of identifying options for how assets that are not capable of division (such as a house) should be handled.
As a Will County estate planning attorney serving Frankfort, Joliet, and the surrounding communities, I assist clients with the preparation of cost-effective estate plans based upon individual needs, help them protect their assets throughout their lives, and ensure that their estates are distributed according to their wishes after they pass without unnecessary conflict.
If you are ready to take the next step in protecting your future and your family’s future, I invite you to call my office today at 708-279-4050 to schedule your free consultation. Together, we can create a plan that gives you peace of mind and ensures that your wishes are carried out.
Yes, however, without an estate planning attorney, significant issues can arise, including those that may impact the validity of the estate plan.
For example, Illinois requires wills to be signed by the testator and witnessed by two competent individuals.[2] If a will fails to meet these formalities, it will likely be declared invalid. If this happens, the person creating the will shall be deemed to have died intestate (i.e. without a will), and their assets will be distributed in accordance with Illinois intestate law. This means their estate may not be administered in accordance with how they may have wished for their assets to be distributed.
Estate planning attorneys also help clients consider issues such as beneficiary designations, powers of attorney, and whether a trust would be advantageous. Without experienced legal guidance, an estate plan may not accomplish what is intended by the testator (the person making the will). The cost of hiring an experienced estate planning lawyer is significantly less than the cost of litigation that often times results from unclear or invalid documents.
Yes, if you want to protect your legacy. Estate planning is not only about what happens to your property after death. It also provides protection during a person’s lifetime. If you suffer an illness or accident that leaves you unable to make decisions, your estate plan ensures that someone you trust can manage your medical care, financial affairs, and life care. Without proper planning, your family may need to seek a guardianship through the courts, a process that is expensive, stressful, and public.
In addition, Illinois intestacy laws[3] distribute property to spouses, children, and potentially other blood relatives in ways that may not reflect a person’s wishes. Unmarried partners not in a recognized civil union receive nothing under intestacy, which can leave long-term companions without financial security.
Estate plans typically include:
A will specifies who receives property upon the death of the testator. It can also include other matters, such as who will serve as executor or the wishes of the testator concerning the care of minor children. Without a will, the Probate Act determines how property passes, often leading to disputes.
Learn more about Illinois Wills.
It’s important to understand that a will only transfers property that is part of the estate of the decedent at the time of their death and which is not subject to other transfer mechanisms, such as property held as joint tenants with right of survivorship or pay on death (POD) accounts. For example, because property held in a trust is not considered to be part of the estate of the decedent, such property is transferred pursuant to the trust – not in accordance with a will.
A trust is an arrangement in which one person (the grantor or trustee) holds property for the benefit one or more persons or entities (the beneficiaries). Trusts are useful for avoiding probate, protecting assets, and controlling how property is managed after death.
As an experienced Illinois trust lawyer, I create trusts for clients that are specific to their needs, including:
Learn more about Illinois Trusts
A property Power of Attorney is a document that appoints someone to manage a person’s finances if they become unable to. Without it, family members may have to seek a guardianship to handle even simple matters such as paying bills or managing accounts.
Learn more about Illinois Powers of Attorney
An Illinois healthcare power of attorney[5] allows a person to name someone they trust to make medical decisions if the person is unable to do so. This prevents disputes among family members and ensures that the person’s wishes are respected.
Learn more about Illinois Healthcare Powers of Attorney
An Illinois living will is used to specify a person’s preference for end-of-life medical treatment if they are experiencing a terminal medical condition and cannot express their wishes. A living will can relieve your family from having to make difficult decisions during stressful times regarding your medical treatment. It can also ensure that you are provided with the treatment you want.
Learn more about Illinois Wills and Advance Directives
If you die without a will or trust, your property will pass according to intestacy law. This may leave children from a prior marriage, distant relatives, or even creditors with interests in your estate. Unmarried partners are not recognized, meaning a lifelong companion may be left with nothing. In addition, estates without plans often face lengthy probate proceedings that increase costs, delay distributions, and invite disputes between family members.
Estate planning is a step-by-step process. The main steps include:
Illinois currently imposes an estate tax on estates valued above $4 million, although there is no separate inheritance tax. Federal estate taxes may apply to very large estates. In many cases, beneficiaries do not pay income tax on inheritances. However, distributions from certain accounts, such as IRAs, may be taxable.
It’s important to note that both state and federal estate exemptions are subject to change, so it will be important to confirm the existing exemption amounts that may be in effect.
Estate plans are only effective if they are properly drafted, legally valid under Illinois law, and kept current as life circumstances change. Unfortunately, many families discover too late that a plan does not work as intended. Some of the most common mistakes include:
Estate planning is not a one-time task. Marriage, divorce, the birth of children, changes in assets, and even changes in Illinois law can make old plans outdated. A will or trust prepared years ago may no longer reflect a person’s current wishes, and outdated powers of attorney may leave a person without a decision-maker when it is needed the most.
If you have an estate plan that was created many years ago, it may be time to review your plan and determine if it might need to be updated. Please call me and we can schedule a time to review your estate plan.
Certain assets, such as retirement accounts, life insurance policies, and payable-on-death bank accounts, pass directly to the named beneficiaries. These designations override the terms of a will or trust. If the designations are not kept consistent with your estate plan, property may go to an ex-spouse, distant relative, or someone you never intended.
While Illinois law allows individuals to prepare their own wills, the Illinois Probate Act requires specific formalities for a will to be valid. Online templates and do-it-yourself forms often fail to comply with these requirements. Improper execution, missing witness signatures, or vague language can cause a court to invalidate the document entirely.
An executor or trustee must be trustworthy, organized, and capable of managing legal and financial responsibilities. Selecting someone who lacks the time, ability, or judgment to fulfill these duties can result in delays, disputes, and financial mismanagement.
Additionally, an executor or trustee named in a will drafted many years ago may no longer be able to serve by reason of death, disability, or unavailability. As an example, a person selected many years ago may have moved far away, so that it is no longer practical for them to serve in such capacity.
Many people focus only on what happens after death, forgetting that estate planning also protects a person during their lifetime. Without a power of attorney or healthcare power of attorney, your family may need to seek guardianship through the courts if you become incapacitated and cannot make decisions about your care or manage your finances. This process is costly, time-consuming, and may place decisions in the hands of someone you would not have chosen. With a proper power of attorney in place these costly and public matters can be avoided.
Families with children from prior marriages, disabled beneficiaries, or closely held businesses require additional planning. Without special needs trusts, marital property agreements, or business succession plans, an estate plan may create more problems than it solves.
Today, many people live in long term relationships but do not go through marriage or the formalities of legally recognized civil unions or domestic partnerships. In these instances, if one of the partners becomes incapacitated or dies without proper estate plan documents in place, the surviving partner will likely not inherit any assets, and may not have a voice in the end of life or burial/cremation decisions concerning their loved one.
If you are in such a relationship, it will be especially critical for both you and your partner to engage in estate planning. Without estate planning, a number of important issues can suddenly arise. For instance, if you share a house owned by your partner and your partner dies without providing for you in their estate plan, the house that you shared with your partner may suddenly become owned by your partner’s children or even distant family members.
Creating a trust is only the first step. Assets must be properly transferred into the trust’s name.
A common mistake is that a trust is created but the assets intended to be placed into the trust (like the ownership of houses and financial accounts) are not properly transferred. If the funding (asset transfer) step is overlooked, the trust will not control the property, and the estate may still have to go through probate.
Avoiding these mistakes begins by working closely with an experienced estate planning attorney who understands Illinois law and who can keep your estate plan documents aligned with your goals as your life and circumstances change. An attorney can help you review your plan regularly, ensure that all documents meet the requirements of the Illinois Probate Act and related statutes, and coordinate your will, trusts, and beneficiary designations so that everything works together seamlessly.
Nearly everyone age 19 or older should have an estate plan, especially those who own a home, have children, are in a long-term relationship, own a business, or want to leave charitable gifts. Even individuals with modest estates benefit from planning. If you are searching for the “best estate planning lawyer near me” or a “will and estate planning lawyer near me with free consultation,” I offer fixed-fee estate plans and a free initial consultation.
For more than 19 years, I have represented individuals and families in Frankfort, Joliet, and throughout Will, DuPage, Cook, and Kankakee Counties. Unlike larger firms that may delegate estate planning to junior associates, I work directly with every client from start to finish. My experience includes creating estate plans for clients with many different circumstances and needs, often including those who have blended families, special needs dependents, and those who are business owners.
Estate planning is not just about putting documents in a file. It is about creating a living plan that grows with your family, adapts to changes in the law, and provides the security you intended when you first created it. With an estate planning attorney, you can reduce the risk of disputes, minimize costs, and make sure your legacy is preserved exactly as you envision.
If you are concerned about whether your estate plan is up to date or want to create one for the first time, I invite you to schedule a free consultation. Call my office today at 708-279-4050 to discuss your goals and learn how I can help you avoid costly mistakes and protect your family’s future.
I serve clients in Frankfort, Joliet, Mokena, New Lenox, Matteson, Chicago Heights, Orland Park, Tinley Park, and throughout the surrounding communities
[1] 755 ILCS 5.
[2] 755 ILCS 5/4-3.
[3] 755 ILCS 5/2-1.
[4] 760 ILCS 5/15.2.
[5] 755 ILCS 45/4-1.
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