Illinois Estate Law

Illinois Estate Law Estate Planning, Probate, and Trust Administration
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Your home is probably your biggest asset — so why leave it out of your legal planning?From purchases and sales to transf...
09/25/2026

Your home is probably your biggest asset — so why leave it out of your legal planning?

From purchases and sales to transferring property into a trust (a step most people skip), we handle the real estate side of your estate so nothing falls through the cracks.

Serving all 102 Illinois counties, fully virtual. Link in bio for a free consultation.

A will is important—but it may not be the whole plan. Depending on your needs, an Illinois estate plan may also include ...
09/24/2026

A will is important—but it may not be the whole plan. Depending on your needs, an Illinois estate plan may also include financial and healthcare powers of attorney, a living will, and a trust. Save this checklist for your next review.

Educational information only—not legal advice.

The hardest question every parent avoids: if something happened to you, who would raise your children?Guardianship plann...
09/23/2026

The hardest question every parent avoids: if something happened to you, who would raise your children?

Guardianship planning answers it on your terms — not a court's. Whether it's minor children, aging parents, or a loved one who can't care for themselves, naming a guardian now means the people you trust most step in.

It takes one conversation to start. Free consultation at the link in bio.

Trusts lose track of money more often than you would think.An old bank account. A forgotten stock position. An uncashed ...
09/21/2026

Trusts lose track of money more often than you would think.

An old bank account. A forgotten stock position. An uncashed refund or insurance check. When an account goes quiet long enough, Illinois treats the property as abandoned and the holder turns it over to the State Treasurer, where it waits for someone to come claim it.

Since January 1, 2025, going to look for it is openly part of a trustee's job.

Senate Bill 3343 amended the Illinois Trust Code so that the trustee's duty to take control of and protect the trust property now says out loud that it includes searching for and claiming any unclaimed or presumptively abandoned property. Less a new principle than the end of the argument about whether it was one.

Two companion changes came with it, and they land hardest when a trust is winding up.

Trust records now have to be kept for at least seven years after the trust is dissolved — not until the final distribution, seven years past it.

And before those records are destroyed, the trustee has to run a reasonable search for trust property that is presumptively abandoned or that has already been reported and remitted to a state unclaimed property administrator.

A fair criticism of the new language: it does not define "trust records" or "reasonable search." So the practical answer for most trustees is to write down what you searched, where, and when — and to check the Illinois unclaimed property database, plus any other state where the family or the assets have lived, before you close things out and before anything gets shredded.

If you are serving as trustee and finishing an administration, this is worth ten minutes. Money that surfaces after everything has been distributed is a much harder conversation than money found before it.

We handle Illinois trust administration on a flat, upfront fee, quoted before we start, so you know the cost before you decide anything.

Book a free consultation → illinoisestatelaw.com
(312) 373-0731

General information, not legal advice.

MYTH: Estate planning is only for the wealthy.FACT: If you own anything or love anyone, you need an estate plan. A will ...
09/21/2026

MYTH: Estate planning is only for the wealthy.

FACT: If you own anything or love anyone, you need an estate plan. A will isn't about being rich — it's about deciding who raises your kids, who makes your medical decisions, and who gets your grandmother's ring instead of leaving those calls to a court. Most of our clients are regular Illinois families.

Free consultation — link in bio.

The most common estate plan in Illinois is a very sincere piece of paper.A note in a desk drawer. A letter in a safe. Wr...
09/18/2026

The most common estate plan in Illinois is a very sincere piece of paper.

A note in a desk drawer. A letter in a safe. Written out carefully, in the person's own hand, signed and dated, saying exactly who gets what — and meaning every word of it.

Illinois will not admit it to probate.

The handwriting isn't the problem. You can absolutely write your own will in Illinois, longhand, on whatever paper is nearby. The Probate Act asks for three things: it has to be in writing, you have to sign it, and two credible witnesses have to attest it in your presence.

It's the third one people miss. A will written entirely in your own hand and signed, but not witnessed — a holographic will — is valid in a lot of states. Illinois is not one of them. Without the two witnesses, the estate passes under the intestacy rules, whatever the paper says.

Three things that surprise people:

Notarizing it doesn't fix it. A notary isn't a witness, and notarization isn't on the list. A notarized self-proving affidavit is still worth having — it saves your witnesses a trip to court later — but it doesn't replace them.

Both witnesses have to be there while you sign, and sign while you're there. Signing separately, or later, doesn't count.

A beneficiary can technically witness, but risks forfeiting what you left them. Pick two people who aren't in the document.

And you can't amend a will by crossing something out or writing in the margin. Changes need the same ceremony the original did.

None of this is hard. It's about fifteen minutes and two people. It just has to actually happen.

We draft wills on a flat, upfront fee, quoted before we start, with the signing handled properly — so the document works the way you meant it to.

Honest question: is there a version of this note in a drawer at your house right now?

Book a free consultation → illinoisestatelaw.com
(312) 373-0731

General information, not legal advice.

Lost a loved one and now you're staring at the word "probate" with no idea where to start? You're not alone — and it doe...
09/18/2026

Lost a loved one and now you're staring at the word "probate" with no idea where to start? You're not alone — and it doesn't have to be overwhelming.

We guide Illinois families through every step: filing, creditor claims, distributing assets, even with no will. Stuck with another attorney? We can take over and finish it right.

Free virtual consultation — same-week availability. Link in bio.

Estate planning is not only about what happens later. It is also about who can step in, how decisions are made, and whet...
09/17/2026

Estate planning is not only about what happens later. It is also about who can step in, how decisions are made, and whether the people you trust have clear instructions. Illinois Estate Law offers flat-fee guidance, statewide virtual service, and same-week availability.

Educational information only—not legal advice.

Without a will, Illinois law writes one for you — and you won't like it.Without an estate plan, Illinois law decides who...
09/14/2026

Without a will, Illinois law writes one for you — and you won't like it.

Without an estate plan, Illinois law decides who inherits your assets, who raises your kids, and who makes decisions if you can't. A will, trust, and powers of attorney put those choices back in your hands.

We do it online with flat-fee pricing — no hourly billing. Book a free consultation at the link in bio or call (312) 373-0731.

09/11/2026

There's a line on your Illinois closing statement that is often bigger than what you pay your attorney. Most people see it for the first time the day they close.

It's the property tax proration.

Here's why. Illinois property taxes run a year behind — the bill for one year doesn't arrive until the middle of the next one. So when a home sells in September, the seller has owned it through months of a tax year nobody has billed yet. By the time that bill shows up, the buyer owns the house.

The fix is a credit. At closing, the seller credits the buyer for the seller's share of the year, so the buyer isn't paying tax for months they didn't own the place.

That much is standard. The next part surprises people.

How big the credit is isn't fixed by law. It's a term in your contract. Some closings prorate at 100% of the most recent tax bill. Many use 105%. In Cook County, 110% is commonly used — the last bill is a year old, and taxes rarely go down.

Those percentage points are real money on a real tax bill, and they cut in opposite directions depending on which side of the table you're on. A higher proration favors the buyer. A lower one favors the seller.

Which means on every closing, somebody argued for that number — or nobody did.

By closing day, it's already the number. The place to look at it is the contract, before you sign.

One more thing worth knowing: some contracts settle the taxes for good at closing, and some provide that the two sides will re-prorate later, once the actual bill arrives. Those are meaningfully different deals. Worth knowing which one you signed.

None of this is a reason to be nervous about buying or selling here. It's a reason to read one line.

We handle Illinois residential closings on a flat, upfront fee, quoted before we start — and we read the proration line with you before you sign it, not after.

Buying or selling this fall? Talk to us before the contract is signed.

Book a free consultation → illinoisestatelaw.com
(312) 373-0731

General information, not legal advice.

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4422 N Ravenswood Avenue, Ste 212
Chicago, IL
60640

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