Tag: trusts
Do All Wills Go Through Probate?
Posted on October 30, 2025
Creating a last will and testament is one of the most important steps in protecting your assets and providing for your loved ones. However, many high-net-worth individuals and business owners in Illinois misunderstand what happens after a will is created. One of the most common questions we get is: Do all wills go to probate court? The answer depends on several factors, including the value of the estate, the type of assets involved, and how ownership and beneficiary designations are structured. Our Naperville estate planning attorney can explain when probate […]
What Happens to Your IRA or 401(k) When You Die?
Posted on October 15, 2025
For most people, retirement accounts like IRAs and 401(k)s represent a lifetime of careful saving and investing. These accounts are often major assets within an estate, and they play a key role in how wealth is passed on to loved ones. However, few people realize how complex the rules are for what happens to these funds after death, or how many layers of taxation can apply. Without proper estate planning, a large portion of your retirement savings could be lost to federal and state taxes before your beneficiaries ever receive […]
Using Qualified Personal Residence Trusts (QPRTs) to Protect Your Family Home
Posted on September 27, 2025
For many families in Naperville and DuPage County, home means more than simply where they live. It is a place filled with memories, traditions, and a sense of stability. When planning for the future, many clients want to ensure that this home remains in the family while also reducing estate tax exposure. One of the most effective tools for accomplishing this is a Qualified Personal Residence Trust (QPRT). A QPRT allows you to transfer your home to your beneficiaries at a reduced tax cost while still living in it for […]
Plenary vs. Limited Guardianship in Illinois: How Do You Decide?
Posted on July 29, 2025
When someone you love cannot manage their personal or financial affairs, it can be overwhelming trying to figure out how to help them. Families in Illinois often turn to guardianship as a solution, but many are unsure whether a plenary or limited guardianship is the right choice. Understanding the differences between these options and how courts approach these cases is crucial. If you are considering guardianship, talk first to our Naperville, IL guardianship and estate planning attorney, Denice Gierach. Attorney Gierach has been practicing for more than 30 years and […]
What Is Undue Influence in Illinois Will Contests?
Posted on July 15, 2025
Challenging the validity of a will often involves allegations that someone manipulated the testator into changing their estate plan. In Illinois, undue influence is one of the most frequently cited grounds in will contests. Courts take these claims seriously because they call into question whether the testator’s final wishes were truly their own. Understanding how undue influence works under Illinois law, what evidence courts consider, and how to file or defend against such a claim is critical if you are involved in a probate dispute. If you are defending yourself […]
When Do You Have Grounds to Contest a Will in Illinois?
Posted on May 31, 2025
As most people know, a last will and testament is a legal document that outlines a person’s wishes concerning the disposition of their assets and the care of dependents after their passing. If properly executed, it can be a powerful way to ensure that their family is taken care of after their death. One significant drawback of wills for the testator — the person who makes the will — is that it must go through a court process called probate, where the will is officially proved. In probate, certain interested […]
How Can an Irrevocable Life Insurance Trust (ILIT) Protect Your Family’s Assets?
Posted on May 12, 2025
When you are crafting your estate plan, there are multiple tools that you can use to maximize your family’s wealth. One of those is an Irrevocable Life Insurance Trust (ILIT). Life insurance can be a powerful estate planning tool, and the ILIT offers many advantages that harness this power, including estate tax reductions, asset protection, and plenty of control over how your life insurance proceeds are distributed to beneficiaries. However, as with most factors in estate planning, it is important to be aware of how best to utilize this tool […]
8 Tips for Establishing a Foreign Trust
Posted on April 30, 2025
A trust is a key tool in the world of estate planning. Particularly for high-net-worth and global families, an attractive option to consider when planning how to handle family wealth is a foreign trust. And for good reason: trusts offer unparalleled flexibility and asset protection. They can be used as a way to diversify assets, ensure wealth is passed down thoughtfully and strategically, and guard against political and economic issues that may threaten assets. Foreign trusts can help protect and preserve a family’s wealth, and serve the needs of family […]
How Can Young Professionals Benefit from an Estate Plan?
Posted on October 29, 2024
If you are a young professional, you may understandably hesitate to create an estate plan. However, whether you have family wealth or are building your own, by creating an estate plan now you can safeguard your and your family’s interests, and have more peace of mind knowing you are planning for possible future eventualities as well as putting in place a strategy to safeguard your assets today with the help of a knowledgeable Illinois estate planning attorney. Reasons Young Adults Should Have an Estate Plan Preliminary Young Professional Estate Planning […]
What is a Laughing Heir – And Can It Be Avoided in Illinois?
Posted on August 26, 2024
Have you ever fantasized about receiving a notification stating that your great, great, great-uncle Henry has died, leaving you his entire huge estate? At one time or another, most of us have had this happy daydream. While it is extremely rare in most states for this to occur, there is a name given to those who unexpectedly inherit in this manner. A “laughing heir” is the heir of an estate who is so remotely related to the decedent that he or she feels no grief over the decedent’s death. The […]












