331-233-1774(and how to avoid them)
1. Letting Illinois decide who inherits your property
If you die without a Will or Revocable Living Trust, the Probate Act of 1975 tells the judge who receives your assets—typically 50% to a surviving spouse and 50% to your children. Those rigid rules don’t account for blended families, charitable wishes, or unmarried partners. A properly drafted Will or Trust lets you choose the decision‑maker (executor or trustee) and the beneficiaries, sparing loved ones from conflict.
2. Leaving minor or special‑needs children to judicial guesswork
Courts can only appoint a guardian after a public, often emotional hearing. While Illinois law lets parents name guardians in a Will, failing to do so means a judge decides among relatives—or even nonprofit agencies. Worse, the person who raises your kids may also control their money—something many parents would separate if they had planned ahead.
3. Forcing loved ones through Illinois probate
Probate here usually lasts 9–18 months and can cost thousands in legal and executor fees paid from the estate. Even simple matters must wait for court approval unless the estate qualifies for the small‑estate affidavit (currently $100,000 or less of personal property). A funded Revocable Living Trust can move assets directly to heirs, bypassing most probate headaches.
4. Having no Power of Attorney when incapacity strikes
Without signed Illinois Statutory Powers of Attorney for Property and for Health Care, loved ones may need a costly guardianship proceeding just to pay bills or consent to treatment. Executing these documents now lets you appoint a trusted agent, spell out specific powers, and avoid court supervision later.
5. Ignoring life‑insurance and tax exposure
Funerals in Chicagoland often range from $7,000 – $12,000, but end‑of‑life medical bills or mortgage debt can be far higher. Life insurance provides immediate, income‑tax‑free liquidity, bypassing probate entirely. Illinois also imposes its own estate tax on estates larger than $4 million. Coordinating beneficiary designations and trust planning keeps insurance proceeds and other assets flowing where intended—and may lower state tax.
Key Takeaways for Illinois Residents
| Do This | Why It Matters |
| Sign a Will and consider a Revocable Living Trust | You, not the statute, control distribution and reduce probate time. |
| Nominate guardians (primary + backup) in your Will | Judges almost always honor written designations. |
| Keep beneficiary forms current | Retirement accounts and life policies pass outside probate. |
| Execute Illinois Statutory Powers of Attorney | Avoids guardianship, keeps family decision‑making private. |
| Review your plan every 3–5 years or after major life changes | Laws and family circumstances evolve. |
Bottom line: A weekend of thoughtful estate planning can spare your family months of court delays, unexpected taxes, and heartache. Talk with an Illinois estate‑planning attorney to craft documents that fit your goals—and revisit them regularly.
