1. Why do I need a Will?

 A Will assists and protects your loved ones after your passing, in that it:

• ensures that your estate, including your financial assets, real estate, and personal belongings, go to the loved ones of your choosing and directs how your property should be divided between those you want to give it to (your legatees).
• directs who should care for your minor children (a guardian).
• directs who you want to oversee the distribution process and carry out your final wishes (the executor). 
• A Will DOES NOT avoid probate.  To avoid probate you may need a trust.

2. When should I update my will and estate plan?

You should review your estate plan whenever a life-changing event has occurred, such as:

• An individual named in your will (or other estate planning documents) has passed away
• There is a new person in your life that should be named in your will (birth or adoption of a child, marriage, etc.)
• After a divorce
• If there has been a change in the state or federal law
• You wish to change the guardian, executor, trustee, or agent named in any of your estate planning documents
• All of your children have reached the age of 18
• You have had a substantial change in the value of your estate
• You have acquired a significant asset you would like specifically named and distributed through your will or trust
• There is a person, charity, or other entity that you would like to add or remove from your estate plan

It is always a good idea to periodically review your estate plan with a lawyer because the state and federal laws may have changed or your wealth my have changed so that the laws apply differently to you now.

For more information on estate planning, consult our Estate Planning page or Contact Us.

3. What estate planning documents should every person have?

• Every person, whether married, single, young or old, should have a will, a Power of Attorney for Health Care, and a Power of Attorney for Property.  

• Depending on your circumstances and desires, your estate plan may also include a revocable living trust, an insurance trust, various other types of trusts, a Living Will, a Cremation Authorization, an Appointment of Agent to Control Disposition of Remains, a Mental Healthcare Directive, and/or a HIPAA (The Health Insurance Portability and Accountability Act) Authorization.

4. What are Living Wills and Powers of Attorney for Healthcare and Property?

• The Power of Attorney for Healthcare and the Living Will, also called advanced directives, document your wishes for medical treatment in the event of a serious illness or injury.  

• The Power of Attorney for Healthcare is a detailed document that appoints an agent to make medical decisions on your behalf when you are unable to do so yourself.  

• The Living Will simply tells medical professionals not to administer medical procedures that will artificially postpone your life.  A Living Will does not direct anyone to "pull the plug".  However, this maybe designate in the Power of Attorney for Healthcare.

• The Power of Attorney for Property appoints an agent that can act on your behalf if you become unable to act independently concerning your personal and financial property.  Therefore, if you are seriously ill or injured, or simply need assistance in maintaining you real and personal property, your agent can access your bank accounts to pay your bills and can maintain your investments, etc.

5. A relative of mine has passed away, what does the family need to do now?

• After a family member (the decedent) has passed away it is important to protect the decedent's estate by doing the following:

• Gather all of his or her important papers, including any wills, trusts, powers of attorney, records of investments and retirement accounts,  insurance documents, mortgage documents, real estate deeds, and their last bank statements
• Stop all credit cards
• Inform all of the decedent's banks and financial institutions of his or her passing
• Have his or her mail forwarded to the executor named in the will, or if there isn't a will, to a trusted family member until an estate administrator is appointed
• Stop all unneeded utilities (gas, electricity, phone, etc.)

• Then consult our Estate Administration page and Contact Us.

6. A relative of mine recently passed away, but he did not have a will, who inherits his property?

• If your relative was married and ...

• had no children, then his spouse inherits all of his estate.  
• had children at this death, then his estate is divided between his spouse and children, with one half going to his spouse and the other half being equally divided between his children.

• If he was not married, but had children, all of whom are alive, then his children inherit his estate.
• If he was not married and never had any children, then his estate is equally divided between his parents and siblings.
• Legally adopted children, in most situations, inherit from their adopted parents and not their birth parents.
• A child born out of wedlock is an heir of his or her mother, but may only inherit from its father if the child's father acknowledged paternity during his lifetime or paternity can otherwise be proven.
• For other scenarios, consult the Illinois Probate Act of 1975 - Descent and Distribution, 755 ILCS 5/2-1 or contact us. 

7. I'm pretty sure I am entitled to inherit from my relative, but he lives far away, our family has lost contact with him, and I'm not sure if he's still living.  Is there a way to find out? 

• What you are looking for is a death record.  For Cook County, consult Online Chicago and Cook County, Illinois Death Records and Indexes for a directory of death index links. 
• For Lake County and other Illinois counties, consult Online Illinois Death Records and Indexes for a directory of death index links.

8. A relative of mine has died.  How do I find out if a will was filed with the court?

• Filed wills are public records.  For Cook County, consult the Cook County Probate Wills Search to search by name, date, or case number.  In Cook County, you can obtain a copy of a will on the 12th floor of the Richard J. Daley Center.
• For Lake County, contact the Lake County Clerk of the Circuit Court at (847) 377-2000, 18 N. County St., Waukegan, IL 60085.  The records are currently not searchable online. 
• For other counties, contact the Clerk of the Circuit Court of your county.  The records may or may not be searchable online. 

9. My relative has died and I am not sure if we have found all of her property.  How do I look for any missing assets?

• You should search on the Illinois State Treasurer's Cash Dash site, where certain unclaimed assets may be listed.    It can take several months or even years before property is listed here so you should check the site periodically. 

10. My relative died and I have his will. What should I do with it?

• Generally, within 30 days from the date of death, you must file the original will with the Circuit Court Clerk, Probate Division, in the County in which he lived.  There is no fee for this filing and you should keep a copy of the will for your records. 
• For Cook County, bring the original will and one copy to room 1202 of the Richard J. Daley Center ( 50 W. Washington St., Chicago, IL  60602) and file the original with the clerk at the wills counter. 
• For Lake County, consult Lake County Procedures for Filing Wills and/or Probate.

11. What is Probate Court?

The Probate Court hears cases regarding:

• The administration of decedent estates with or without a will
• Estate settlements
• Contested estates (trust & estate litigation)
• Claims against estates
• Guardianships for minors and disabled adults
• Administration of estates of minors and disabled adults.

A probate case MUST be opened to transfer the deceased person's property to his/her heirs or legatees if the deceased passed away owning...

• any real estate, or
• more than $100,000.00 worth of personal property, including bank accounts, investments, paintings, vehicles, etc.

If you need to open a probate estate or have additional questions about whether you should open a probate estate, please contact us.

12. How do I find out if an estate has been opened in Probate Court?

• For Cook County, consult the Cook County Probate Case Search.
• For Lake County, contact the Lake County Circuit Court, Probate Division:  (847) 377-3380, 18 N. County St., Waukegan, IL 60085.
• For other counties, contact the Probate Division of the Circuit Court of your county.

13.  Why would I file a trust & estate lawsuit?

Please consult our Trust & Estate Litigation page, or Contact Us for more information.

14. After the admission of the will to probate court, how long do I have to contest a will or make a claim against an estate?

• For more information, please Contact Us.

15. I do not believe the trustee of my relative's trust is properly performing her duties.  What do I do?

• If you are a beneficiary to the trust, or otherwise have an interest in the trust, you may bring a breach of fiduciary duty lawsuit against the trustee.  For more information, please consult our Trust & Estate Litigation page or Contact Us.

16. Will my family have to pay taxes on my estate?

• In 2009, the Illinois estate tax exemption is $2 million and the Federal estate tax exemption is $3.5 million.  Under the current tax laws, there will be no Illinois or Federal estate tax in 2010.  In 2011, the Illinois and Federal estate tax exemptions will be $1 million.  Estate planners expect the United State Congress to pass a new tax law prior to 2010 that will change the current estate tax exemption amounts.
• In addition to these estate taxes, the transfer of your estate assets may also be subject to gift tax or a generation skipping tax.

17. My relative is no longer capable of managing his own affairs, and had frequently told me he wanted me to manage them if he became incapable.  What should I do?

• You may apply for guardianship through the probate court.  For Cook County, consult the Cook County Circuit Court Probate Division page.  For Lake County, consult the Procedures for Establishing Guardianship of a Disabled Person page.