Wills and Trusts

Why Hire Us to Handle your Will, Trust or Probate matter?

A Will is a legal document that designates the individuals or corporations who will receive property after an individual’s death.  If the person has minor or disabled children, the Will includes the names of one or more guardians of the minor or disabled children.  Wills also include the name of a person designated as the executor of the Will. 

Why is a Will important for everyone?  If a person dies without a Will, then the laws of the State of Illinois (intestate) will apply.  In that circumstance, 50 percent of the deceased individual’s property would go to the spouse and 50 percent would go to the children, even if the children are minors.  This is the number one reason to have a Will, as most individuals prefer to leave all their property to their spouse.  Under the Intestate laws, this would only occur if an individual dies with a spouse and no children.  Therefore, it is vital for everyone to ensure that his or her wishes are carried out; and hence the need for a Will.

We attempt to make the process of drafting a Will quick and painless.  Although this may be an event in life that most wish not to consider, it is one of the most important documents a person can have in his or her lifetime.  With our experience and knowledge, we can ensure that your Will is drafted to distribute your assets in accordance with your wishes. 

Many people also wish to create a Trust, which is an agreement under which a person  establishes terms for property that will be owned for the benefit of one or more people (typically minor children).  For example, a Trust can be set up so sums of money go into it upon death, for benefit of the children to be used for educational expenses, health care expenses, and/or other survival needs, but if there is money left over, all money would be paid when the minor reaches the age of 21.  All of the terms within the Trust can be determined by you, which means the Trust is whatever you wish it to be.

Our experienced attorneys can guide you through typical provisions of a Trust and advise you of the advantages and disadvantages of having a Trust and Will executed together.

In addition to drafting the initial Will and Trust documents, our attorneys have experience in probating estates after the death of the testator.  In certain situations, there can be disputes between parties, and even if there is not a dispute, the Will and/or Trust must pass through the legal system in order to be finalized. 

In addition to Wills and Trusts, we can also assist clients in preparing Power of Attorney, Power of Health Care, and Living Will, which is a Will where a person would state their wishes in certain life or death situations (such as when life support would be needed).  These services can be provided for a nominal fee.  We encourage most individuals to have these documents.  

We strive to ensure that the testator’s wishes are carried out through this process in a most professional manner.