Best Estate Planning Lawyers in Illinois
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United States Estate Planning Legal Questions answered by Lawyers
Browse our 2 legal questions about Estate Planning in United States and the lawyer answers, or ask your own questions for free.
- My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
- Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: recososalawfirm@gmail.com📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
- How to protect property from squatters law
- After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement.It is worthy to note that you can do it through special attorney.
About Estate Planning Law in Illinois, United States
Estate planning in Illinois involves preparing legal arrangements for managing your assets and property during your lifetime and distributing them after your death. This process ensures that your wealth, real estate, personal belongings, investments, and even your digital assets are transferred according to your wishes, while minimizing costs, taxes, and disputes among heirs. Common estate planning documents in Illinois include wills, trusts, powers of attorney, and advance directives. Proper estate planning provides peace of mind, helping you protect your loved ones and control the legacy you leave behind.
Why You May Need a Lawyer
While some basic estate planning forms can be filled out without legal help, there are many situations where a lawyer’s expertise is valuable or even essential. You may need an Illinois estate planning lawyer if:
- You have a blended family or complex family structure
- Your estate includes significant assets, family business interests, or real estate in multiple states
- You wish to minimize estate, inheritance, or income taxes for your beneficiaries
- You want to provide for a loved one with special needs without affecting their government benefits
- You are concerned about potential challenges to your will or the risk of family disputes
- You want to appoint guardians for minor children or specify long-term care preferences
- You wish to establish charitable gifts or set up trusts for long-term asset management
- You have privacy concerns and wish for your estate plan to avoid probate
- Your circumstances have recently changed due to marriage, divorce, new children, retirement, or significant asset growth
- You want to ensure your healthcare and financial wishes are clear if you become incapacitated
Local Laws Overview
Illinois estate planning law has specific rules and requirements that differ from other states. Key aspects include:
- Validity of Wills: For a will to be valid in Illinois, the person making the will (testator) must be at least 18 years old, of sound mind, and the will must be signed in the presence of at least two witnesses who also sign it.
- Probate Process: Illinois has its own probate courts and procedures. Estates under a certain value may qualify for a simplified process using a small estate affidavit.
- Intestate Succession: If someone dies without a valid will, Illinois law determines how assets are distributed among surviving relatives based on set rules.
- Trusts: Illinois recognizes various types of trusts, including revocable living trusts, which are commonly used to avoid probate. Special consideration is needed for trust funding and administration.
- Powers of Attorney: Illinois law provides statutory forms for powers of attorney for both property (financial decisions) and healthcare.
- Estate Taxes: Illinois imposes a state estate tax on estates exceeding a certain value, separate from any federal tax obligations.
- Spousal and Child Rights: Illinois has laws that protect the rights of spouses and minor children, including "elective share" rights for spouses who are omitted from a will.
- Advance Directives: Living wills and healthcare powers of attorney allow you to specify medical treatment preferences if you become incapacitated.
Frequently Asked Questions
What is the purpose of a will in Illinois?
A will allows you to specify how you want your assets distributed after your death, name guardians for minor children, and appoint an executor to handle your estate. Without a valid will, Illinois law determines who inherits your property.
Do I need a lawyer to make a will in Illinois?
While it is legally possible to create your own will, working with a lawyer ensures that your will meets all legal requirements, accurately reflects your wishes, and reduces the potential for disputes or invalidation.
What happens if someone dies without a will in Illinois?
If you die intestate (without a will), Illinois intestacy laws dictate how your assets are divided among surviving family members, such as your spouse, children, or other relatives. The distribution may not match your intentions.
What is probate, and can it be avoided in Illinois?
Probate is the court-supervised process for authenticating a will and distributing an estate. It can be time-consuming and costly. Using trusts, joint ownership, and beneficiary designations can help avoid probate for certain assets.
How do trusts work in Illinois estate planning?
Trusts are legal arrangements where a trustee manages assets for the benefit of named beneficiaries. Revocable living trusts are popular in Illinois, allowing you to retain control of assets while avoiding probate and enabling smoother transfers.
What are the Illinois estate tax rules?
Estates exceeding the Illinois threshold (which changes periodically) may owe state estate taxes. Proper planning can help reduce or avoid these taxes for your heirs.
Can I disinherit a spouse or child in Illinois?
While you can disinherit an adult child, you generally cannot completely disinherit a spouse due to elective share laws. Spouses are entitled to a minimum portion of the estate, even if not mentioned in the will.
What is a power of attorney, and why is it important?
A power of attorney grants someone you trust the authority to make financial and healthcare decisions if you become incapacitated. This ensures continuity and avoids the need for court-appointed guardianship.
When should I update my estate plan?
It’s wise to review and update your estate plan after major life events like marriage, divorce, birth of a child, significant changes in assets, or relocation to or from Illinois.
What documents should be included in a basic Illinois estate plan?
A comprehensive estate plan usually includes a will, one or more trusts, power of attorney for property, power of attorney for healthcare, and advance directives for medical care.
Additional Resources
If you need further information or legal assistance, these organizations and resources can help:
- Illinois State Bar Association (ISBA): Offers lawyer directories and consumer guides on estate planning topics.
- Illinois Attorney General's Office: Provides resources on consumer rights and estate issues.
- Circuit Court Probate Divisions: Local courts have information on probate procedures and small estate affidavits.
- Senior Services and Aging Agencies: These agencies provide information on advance directives and elder law in Illinois.
- Internal Revenue Service (IRS): For information on federal estate and gift taxes.
Next Steps
If you are considering estate planning in Illinois, start by gathering information about your assets, liabilities, family situation, and personal wishes. Make a list of questions or issues specific to your circumstances. Consult an experienced Illinois estate planning attorney, especially if your situation involves complex assets, tax concerns, or potential for family disputes. A lawyer can draft clear, valid legal documents tailored to your needs. Many attorneys offer initial consultations to assess your situation and recommend a suitable plan. Remember that estate planning is an ongoing process, so revisit your plan as your life changes.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.