Common Estate Planning Questions Part 2 of 2: Creating a Plan That Works for Your Family – Insights from a Leading Chicago Estate Planning Attorney
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Introduction: The Importance of Family-Focused Estate Planning in Illinois
At McLeod Legal Advisors, we believe that understanding the fundamentals of estate planning empowers you to make informed decisions for your family’s future. In this second installment of our two-part series, Rev. Aaron J. McLeod, Esq., a trusted estate planning attorney in Chicago, addresses more essential questions about estate planning that can help you create peace of mind for yourself and your loved ones.
Wills vs. Trusts: Essential Knowledge from Your Illinois Estate Planning Attorney
Q: What is the difference between a will, living trust, and dying intestate? And what does that mean, practically speaking?
As an experienced estate planning attorney in Illinois, Rev. McLeod explains that these three scenarios represent vastly different outcomes for your estate and your family:
A Will is a legal document that directs how your property should be distributed after your death and names an executor to manage this process. As we explain in our client materials: “Your Last Will and Testament governs the disposition of any property held in your name at the time of your death. It also provides for the administration of that property, the payment of your debts, expenses of administration, and the appointment of a personal representative/executor, who carries out the administration of your estate.”
Practically speaking, having a will means:
- You decide who receives your assets
- You choose who will administer your estate
- You can name guardians for minor children
- Your estate will still go through probate court
A Living Trust (also called a revocable trust) is a legal arrangement where you transfer assets into a trust during your lifetime. Our estate planning literature explains: “A living trust is created during life (‘inter vivos’) when you (the ‘trustor,’ ‘grantor’ or ‘settlor’) sign a ‘living trust’ declaration or agreement which names one or more ‘trustees’ to manage the trust. You can name anyone, including yourself or an institution, to be a trustee or co-trustee.”
Practically speaking, having a living trust means:
- Assets in the trust avoid probate
- Your trust can manage assets if you become incapacitated
- You maintain control of trust assets during your lifetime
- Trust terms remain private, unlike a will which becomes public during probate
- The transition after death is typically smoother and faster for your family
Dying Intestate means passing away without a valid will or trust. In this case, state law determines who inherits your assets. Our materials note: “If you die without a will or trust, the state determines who will be your ultimate heirs. This distribution plan can be found within the laws of each state.”
Practically speaking, dying intestate means:
- Your assets are distributed according to Illinois state law, not your wishes
- A court-appointed administrator will manage your estate
- The court decides guardianship of minor children
- Your estate will go through probate, potentially causing delays and additional expenses
- Family conflict may arise due to unclear intentions
As we emphasize to our clients at McLeod Legal Advisors: “Dying intestate means surrendering control of your legacy to the state—a situation that rarely aligns with what most people would have wanted for their loved ones.” This is why consulting with a qualified Chicago estate planning attorney is so important.
Probate Avoidance Strategies from an Experienced Estate Planning Attorney in Chicago
Q: Is probate always required when someone dies?
No, probate is not always required. As any knowledgeable estate planning attorney in Illinois will explain, there are several ways assets can transfer without probate:
“Not all property changes hands at death through a will and the probate process: Insurance, individual retirement accounts, pension plans and other employee benefits may pass to living persons by virtue of beneficiary designations–not by will and probate. Likewise, property held in joint tenancy passes to the surviving joint tenant without the need for probate.”
Probate can be avoided through:
- Revocable living trusts: Assets properly transferred to a trust during your lifetime pass to beneficiaries according to the trust terms without court involvement.
- Joint ownership with right of survivorship: Property automatically passes to the surviving joint owner(s).
- Beneficiary designations: Life insurance, retirement accounts, and transfer-on-death accounts pass directly to named beneficiaries.
- Small estate procedures: Illinois offers simplified procedures for estates under certain value thresholds.
- Illinois Land Trusts: As our materials note, “The Illinois Land Trust is a creation of common law, though now is governed by a number of Illinois statutes. While less common these days than it has been at times in the past, Illinois Land Trusts can be effective estate planning tools in certain situations.”
However, if you own assets solely in your name without beneficiary designations and haven’t established a trust, those assets will likely require probate. This is why comprehensive estate planning with a qualified Chicago estate planning attorney is so important—it allows you to determine which assets go through probate and which don’t, giving you control over the process your family will experience.
Overcoming Estate Planning Hesitations: How an Illinois Estate Planning Attorney Can Help
Q: What if I’m uncomfortable talking about death and money?
This discomfort is natural and something we encounter frequently at McLeod Legal Advisors. Many people find discussing mortality and finances challenging, especially with family members. However, avoiding these conversations often leads to more significant problems later.
Here’s how we, as compassionate estate planning attorneys in Illinois, help clients overcome this discomfort:
- Private, judgment-free environment: Our initial consultations provide a confidential space to express your concerns and wishes without pressure.
- Focus on values, not just valuables: We frame estate planning discussions around your core values and the legacy you want to leave, not just the financial aspects.
- Structured approach: Our systematic process breaks down complex topics into manageable decisions, making the conversation less overwhelming.
- Professional mediation: If desired, Rev. McLeod can help facilitate family discussions in a constructive, controlled environment.
- Recognition of the gift you’re giving: We help clients understand that estate planning is fundamentally an act of care for your loved ones—by addressing these matters now, you’re sparing them difficult decisions during a time of grief.
As our client Mrs. Patricia K. Owens discovered during her estate planning process with our Chicago estate planning attorney team, the relief of having these matters properly addressed far outweighs the temporary discomfort of the initial discussions. Many clients tell us they feel an enormous weight lifted once their plan is in place.
Simplifying Estate Settlement: Practical Advice from Your Estate Planning Attorney in Chicago
Q: How can you minimize the stress to your family by handling these matters in the simplest way possible?
Simplifying the estate process for your family requires thoughtful planning and clear communication. At McLeod Legal Advisors, as dedicated estate planning attorneys in Illinois, we recommend:
- Consolidate your estate plan: Create a comprehensive plan that addresses all aspects rather than piecemeal solutions. As our materials explain, estate planning can include “revocable trust agreements, simple and complex wills, powers of attorney, advanced medical directives and living wills” together as part of a cohesive strategy.
- Properly fund your trust: If you establish a living trust, ensure assets are correctly transferred into it. Our client letters carefully explain: “Any property that is transferred to the Trust(s) during your lifetime or upon your death will be disposed of in accordance with the terms of the Trust Agreement upon your death.”
- Create clear advance directives: Our materials explain that advance directives “articulate how you want your medical decisions to be made in the future, if you are no longer able to make them for yourself.” This clarity prevents family members from having to make difficult medical decisions without guidance.
- Organize important documents: Keep your estate planning documents, asset inventory, and instructions in a secure but accessible location known to your executor or trustee.
- Communicate the basics: While you don’t need to share all details, ensure key family members know:
- Who to contact (attorney, financial advisor)
- Where important documents are located
- Any immediate steps needed after your passing
- Choose the right fiduciaries: Select trustees, executors, and agents who are not only trustworthy but also organized and level-headed under stress.
- Review and update regularly: As our practice recommends, regularly review your plan with your Illinois estate planning attorney to ensure it remains current with your life circumstances and the law.
By implementing these strategies, you create what we call a “roadmap of care”—clear directions that guide your loved ones through a difficult time with minimal stress and confusion.
The McLeod Legal Advisors Approach: How Our Chicago Estate Planning Attorneys Create Peace of Mind
At McLeod Legal Advisors, led by Rev. Aaron J. McLeod, Esq., we understand that estate planning is more than legal documents—it’s about creating peace of mind for you and your family. Our approach as dedicated Chicago estate planning attorneys combines legal expertise with compassionate guidance:
- Personalized planning: We take time to understand your unique family dynamics, assets, and values before recommending solutions. As demonstrated in our client letters, we provide detailed explanations of each document’s purpose and function.
- Clear communication: We explain complex legal concepts in straightforward language, ensuring you understand all aspects of your estate plan.
- Comprehensive solutions: Our estate planning practice includes “business succession planning, asset protection planning, tax planning relating to trusts and estate, representation of trustees and other fiduciaries,” and more—allowing us to address all your concerns under one roof.
- Ongoing relationship: Estate planning is not a one-time event but an evolving process. We build lasting relationships with our clients, providing updates and revisions as life changes occur.
- Family-centered approach: As both an attorney and ordained clergyman, Rev. McLeod brings a unique perspective that honors the spiritual and emotional aspects of legacy planning alongside the legal requirements—a distinction that sets him apart from other estate planning attorneys in Illinois.
Contact Your Illinois Estate Planning Attorney Today
We invite you to experience the difference our thoughtful approach can make for your family’s future. Contact McLeod Legal Advisors, your trusted estate planning attorney in Chicago, today at (312) 725-9974 or amcleod@mcleodesq.com to schedule a consultation. Our office is located at 1510 E. 55th Street, Unit #15396, Chicago, IL 60615-2598.
As McLeod Legal Advisors often reminds clients, “The greatest gift you can give your family isn’t just what you leave behind, but the clarity and care with which you leave it.” Let an experienced Illinois estate planning attorney help you create this lasting gift.
This blog is for informational purposes only and does not constitute legal advice. For specific advice regarding your situation, please consult with a qualified estate planning attorney in Illinois.