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Antioch Estate Planning Lawyers
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Planning for the future can feel overwhelming, but our team is here to make the process easier. We provide clear guidance in all areas of estate planning, including wills, trusts, powers of attorney, and advance medical directives. Call 847-549-0000 today to arrange a free consultation.
We had such a great experience with Newland & Newland while working through estate planning for my mother... We really appreciated how knowledgeable and approachable she was. Highly recommend Newland & Newland!
Trusted Estate Planning Attorneys for Clients in Antioch
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Estate planning can be a delicate subject for many people, but for many adults, it should be done sooner rather than later. An estate plan can help you address different events in the future, such as who will receive your assets after your death or who will make decisions on your behalf if you become incapacitated. An Antioch, Illinois estate planning attorney can meet with you one-on-one to discuss your priorities and help you create a comprehensive plan.
At Newland & Newland, LLP, we have worked with clients from a variety of different backgrounds to make highly tailored estate plans. Our attorneys have decades of experience, so you can rely on us to provide you with sound advice and guidance.
Using Wills and Trusts in Your Illinois Estate Plan
A will and a trust are the two main tools Illinois residents use to decide who receives their property after death. A will names the people or charities who will inherit your assets and appoints an executor to manage your estate. Parents can also use a will to name a guardian for minor children. Most wills must go through probate in the Lake County circuit court before property is passed on.
A living trust works differently. You move assets into the trust and name a trustee to manage them. After your death, the trustee can distribute those assets without going through probate. A trust can also hold money for a child until a certain age or provide for a loved one with special needs. Many families use both tools together, with a will that sends any leftover assets into the trust.
What Is Adult Guardianship?
Adult guardianship is an Illinois court process that gives one person legal authority to make decisions for an adult who can no longer make them alone. Guardianship may be needed when someone has dementia, a serious brain injury, a developmental disability, or a mental illness that affects judgment. A family member usually files a petition, and a judge decides whether a guardian is necessary.
A guardian of the person makes choices about health care, housing, and daily needs. A guardian of the estate manages money and property. The court can assign one person to both roles or limit a guardian's authority to certain areas. Guardianship can be slow, public, and hard on families, but planning ahead can often keep these decisions out of court.
Stephen S. Newland
Partner
- Elite Lawyer, 2019-present
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- Illinois Real Estate Lawyers Association, Board of Directors
- Featured speaker at bar association seminars
Do You Need Powers of Attorney?
Powers of attorney allow you to choose someone you trust to act for you if illness or injury leaves you unable to act for yourself. Illinois recognizes two main types. A power of attorney for property lets your agent pay bills, manage bank accounts, file taxes, and handle real estate. A power of attorney for health care lets your agent speak with doctors and make medical decisions that follow your wishes.
Without these documents, your family may need to ask a judge for a guardianship, even for simple tasks like paying the mortgage. A car accident or sudden illness can happen at any age, so most adults benefit from having both. Each form has its own signing requirements, including witnesses and, for the property form, a notary.
How Intestate Succession Works in Illinois
Intestate succession is the set of Illinois rules that decides who inherits when a person dies without a valid will. If you leave a spouse and children, your spouse receives half of your estate and your children share the other half. A spouse with no descendants inherits everything, and children with no surviving spouse inherit everything.
If a person dies with no spouse or descendants, the estate passes to parents, brothers and sisters, and their children. More distant relatives inherit only when closer family members are not living. These default rules leave out unmarried partners, stepchildren, close friends, and charities. A will or trust is the most reliable way to make sure those people receive what you intend.
Frequently Asked Questions About Estate Planning in Antioch, Illinois
You should update your estate plan whenever a major life event changes your family, finances, or wishes. Marriage, divorce, a new child or grandchild, a death in the family, or buying a home are common reasons. Illinois law cancels many will provisions that favor a former spouse after divorce, but some beneficiary designations may not change on their own.
Probate is the court-supervised process of paying a deceased person's debts and passing property to heirs, and it shapes many estate planning decisions. Illinois probate can take many months, adds costs, and becomes part of the public record. Living trusts, payable-on-death accounts, beneficiary designations, and transfer on death instruments for real estate can help limit what goes through probate.
You can protect some assets from creditors in your estate plan, but Illinois limits that protection. A revocable living trust does not shield your property from your own creditors. Certain irrevocable trusts may offer protection, though you give up control of the assets.
The legal requirements to sign a will in Illinois include being at least 18 years old and of sound mind and memory. The will must be in writing and signed by you, or by another person at your direction and in your presence. Two credible witnesses must also sign in your presence. A witness who inherits under the will could lose part or all of that gift, so it is best to use witnesses who receive nothing.
An attorney can help with an estate plan by matching the right legal tools to your family, property, and goals. Our attorneys can prepare wills, trusts, and powers of attorney and make sure each document is signed correctly. We can also review how your accounts and property are titled. Small errors, like an outdated beneficiary form or a missing witness, can lead to family disputes later.
Contact Our Antioch, IL Estate Planning Attorneys
A clear estate plan spares the people you love from guesswork and conflict during an already painful time. At Newland & Newland, LLP, we work with Antioch families to build plans that fit their lives, from a simple will to a detailed trust and guardianship planning. Contact our Antioch, IL estate planning lawyers or call 847-549-0000 to schedule a free consultation.
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