Estate Planning & Probate FAQs

That depends on your goals. A will outlines who inherits your assets and can name guardians for minor children, but it still goes through probate. A trust helps you avoid probate entirely, keeps your estate private, and allows for more control over how and when your assets are distributed. At Bellas & Wachowski, our estate planning attorneys help Illinois families decide whether a will, a trust, or both is the right choice based on your specific needs.

Probate can be time-consuming, public, and expensive. To avoid it, you can use strategies like setting up a revocable living trust, adding transfer-on-death (TOD) designations, and making sure all assets have named beneficiaries. The estate planning lawyers at Bellas & Wachowski work with clients across Illinois to create probate-avoidance plans that save families time, money, and unnecessary stress.

Choosing the right executor is an important step. This person should be responsible, organized, and trustworthy, as they will manage tasks like paying debts, filing taxes, and distributing assets. At Bellas & Wachowski, we guide clients in selecting the right executor and provide legal support to ensure everything is handled properly under Illinois law.

If you own a business, estate planning is essential. Without a clear plan, your company could face tax issues, ownership conflicts, or even closure. The attorneys at Bellas & Wachowski help Illinois business owners develop succession plans, living trusts, and buy-sell agreements to ensure their business continues to thrive and their legacy is preserved.

If you have children under 18, a legal guardian plan is critical. Without one, the court will decide who takes custody, which may not reflect your wishes. At Bellas & Wachowski, we help parents in Illinois create wills and guardianship plans that protect their children's future and provide peace of mind.

A financial power of attorney gives someone authority to manage your property, pay bills, and handle financial matters. A medical power of attorney allows someone to make healthcare decisions if you are unable to. At Bellas & Wachowski, we ensure both documents are valid, clearly written, and tailored to your preferences so your loved ones are prepared in any situation.

In Illinois, estates valued over $4 million are subject to a state estate tax, regardless of whether they owe federal taxes. Strategic planning can significantly reduce or eliminate this tax burden. The estate planning team at Bellas & Wachowski offers personalized strategies such as trusts and lifetime gifting to help you protect your assets for future generations.

You should update your will every three to five years or any time you experience a major life event such as marriage, divorce, a new child, the death of a beneficiary, or moving to a new state. At Bellas & Wachowski, we help clients review and update their estate plans regularly to keep everything current and aligned with Illinois law.

Some of the most common mistakes include not having an estate plan, failing to update it, forgetting to name backup beneficiaries, and assuming a will alone avoids probate. At Bellas & Wachowski, we work closely with clients to avoid these pitfalls by building thorough and legally sound plans that protect what matters most.

DIY wills often lack essential legal language, may not meet Illinois legal requirements, and fail to consider your unique family or financial situation. These mistakes can lead to delays, disputes, or even court battles. At Bellas & Wachowski, we provide custom, legally compliant estate planning services that help you avoid costly errors and give your loved ones lasting peace of mind.