6 frequently asked questions about estate planning in Illinois

On Behalf of | Jul 6, 2023 | Estate Planning

Estate planning is an important aspect of financial management that many people overlook or put off because it seems like a daunting task.

Answers to these frequently asked questions can help you get through the process more easily.

1. What is estate planning?

Estate planning involves making decisions about how to distribute your assets after your death. It also includes provisions for your care if you become incapacitated. An effective estate plan will clearly express your wishes and provide for your loved ones.

2. Why is estate planning important?

Without an estate plan, the state of Illinois will determine how to distribute your property. This might not align with your wishes and can lead to conflict among your heirs. Estate planning also allows you to minimize your estate’s tax liability, preserving more of your assets for your heirs.

3. What documents make up an estate plan?

In Illinois, an estate plan typically includes a will, a living will and a power of attorney for health care and property. A will specifies how you want your property distributed after your death. A living will sets out your wishes for medical care if you become unable to express your desires. Power of attorney allows you to appoint individuals to make decisions on your behalf if you become incapacitated.

4. What is probate?

Probate is the court-supervised process of validating a will and distributing an estate. In Illinois, if you die without a will, your estate will go through probate and the court will distribute your assets according to state law.

5. Can I avoid probate in Illinois?

Yes, there are several ways to avoid probate in Illinois. These include creating a revocable living trust, designating beneficiaries on your bank accounts and retirement plans and holding property jointly.

6. Can I change my estate plan?

Yes, you can amend your estate plan at any time as long as you are mentally competent. Life changes such as marriage, divorce or the birth of a child often necessitate changes to an estate plan.

Estate planning is an essential part of financial planning that ensures the distribution of your assets according to your wishes. By understanding the basics, you can make informed decisions that will benefit both you and your loved ones.