Tag: will

Naperville Estate Planning Lawyer Discusses Handwritten Wills

Posted on November 30, 2025

For most people, a last will and testament is one of the most important documents they will ever create. Your will likely contains provisions that dictate how your assets are to be divided among your chosen beneficiaries, but there are many other considerations that may also be included. You can use your will to establish guardianships for your children and make arrangements for heirs who may not be capable of managing their own affairs. You will also name an executor to manage your estate and to oversee the distribution of […]

Posted in Estate Planning

Essential Questions Regarding Safety Deposit Boxes and a Loved One’s Death

Posted on November 14, 2025

Safety or safe deposit boxes are used to store valuable or important items such as jewelry, family heirlooms, property deeds, or original copies of a will. Because the contents of these boxes are often financially and emotionally important, questions about who can access them after someone passes away are common When a loved one dies, family members may not even know whether the person had a safety deposit box or what was inside it. If the box is not listed in a will or estate plan, confusion and disputes can […]

Posted in Estate Planning

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 […]

Posted in Estate Planning

What Happens to Your IRA or 401(k) When You Die?

Posted on October 15, 2025

DuPage County, IL estate planning attorney

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 […]

Posted in Estate Planning

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 […]

Posted in Estate Planning

What Is Undue Influence in Illinois Will Contests?

Posted on July 15, 2025

Naperville, IL estate planning lawyer

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 […]

Posted in Estate Planning

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 […]

Posted in Estate Planning

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 […]

Posted in Estate Planning

Integrating Family Governance Into High Net Worth Estate Planning 

Posted on April 20, 2025

Large, multi-generational families often rely on traditional estate planning to meet their needs. For wealthy families, the most comprehensive estate planning strategies may be insufficient to truly ensure that the family’s wealth and success are protected through the generations. This is where family governance comes in, helping not only to preserve family wealth but also to cement a family legacy that is true to the family’s values. Family governance strengthens communication among family members, reducing disputes and making decision-making easier. An experienced Naperville, IL estate planning attorney can advise your […]

Posted in Estate Planning

How Do Powers of Attorney Complement an Estate Plan?

Posted on October 21, 2024

Naperville, IL estate planning attorney

Often when individuals consider estate plans, they think about planning for a person’s death. While the purpose of an estate plan is, to a large extent, to make a plan for disposing of assets following death, powers of attorney are an important element of an estate plan for the living. An experienced Illinois estate planning attorney can advise on how the power of attorney can work alongside the rest of your estate plan.  What is a Durable Power of Attorney? A durable power of attorney is an estate planning document […]

Posted in Estate Planning

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