Estate Planning & Probate Truth. Justice. Integrity.

Chicago Estate Planning & Probate Lawyer

Serving Clients Throughout Northern Illinois

Thinking about what happens in the event of your death and incapacitation probably isn’t high on the top of your to-do list. We certainly understand. No one likes to think about these things. The reality, however, is that every one of us will die. Many of us will be incapacitated, which means that our minds fail, even as the body keeps pushing forward. It’s imperative that we properly plan for these outcomes so that our wishes are respected and followed. That’s the purpose of setting up wills and trusts.

Our estate planning lawyer serves Northern Illinois. Call our Chicago office at (312) 663-7001 or contact us online to set up a free consultation.

What Happens if You Don’t Have a Will?

In Illinois, if you pass away without a will, your estate is subject to intestate succession laws. This means that the state determines how your assets are distributed, which can lead to outcomes that you might not have intended. Under Illinois law, the intestate succession process follows a strict order of priority, starting with your closest relatives.

When a person dies intestate in Illinois, the estate is first used to pay off any debts and obligations. After these have been settled, the remaining assets are distributed to the decedent’s heirs in a specific order.

If you are married with children, your spouse will receive half of the estate, and the other half is divided equally among your children. If you have no children, your spouse inherits the entire estate. If you are unmarried and have children, your children will inherit everything equally. In the absence of a spouse or children, the estate goes to surviving parents and siblings or their descendants.

One of the major challenges of dying without a will is the potential for disputes among heirs. Family members may disagree on the distribution of assets, leading to prolonged legal battles. This can delay the settlement of the estate and deplete its value through legal fees. Additionally, the court-appointed administrator handling the estate might not be someone you would have chosen, potentially complicating the management of your assets.

Moreover, without a will, there is no guarantee that your personal wishes will be honored. Specific bequests, charitable donations, and guardianship preferences for minor children are all at risk of being overlooked. This uncertainty can create significant emotional and financial stress for your loved ones during an already difficult time.

Creating a will is done to ensure that your assets are distributed according to your wishes and can prevent many of the complications and disputes that arise under intestate succession. It offers peace of mind, knowing your legacy is protected, and your loved ones are cared for in the manner you intended.

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Why Choose Us? Truth. Justice. Integrity.

Witek Law Offices Is Ready to Help You

If you're facing the need for legal services, you want the better choice. Witek Law Offices is committed to treating each client like our only client, and serving you with the highest level of integrity. Call (312) 663-7001 today or click below to contact us online.

Over 25 Years of Experience

Since 1995, Attorney Witek has fought for clients in and out of the courtroom.
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The Benefits of a Trust

Trusts are highly customizable to fit your unique estate planning needs. Whether you need a revocable trust, irrevocable trust, or a special needs trust, there are a variety of options available to customize your plan the way you need it.

Most trusts offer the following advantages:

Avoid probate: Your estate can bypass the probate process, facilitating a quicker and more private distribution of assets. This can save your heirs considerable time and reduce the administrative burden associated with settling your estate.
Control over asset distribution: You can set specific conditions and timelines for inheritance, which is particularly useful for managing the inheritance of minor children or individuals with special needs.
Tax benefits: Trusts can offer significant tax advantages by reducing the estate taxes that your heirs might otherwise be subject to. By strategically placing assets in a trust, you can minimize the taxable portion of your estate, preserving more wealth for your beneficiaries.
Protection from creditors: Assets held in a trust are often protected from creditors. This means that your beneficiaries can receive their inheritance without the risk of losing it to settle outstanding debts, providing them with greater financial security.
Continued management of assets: If you become incapacitated, a trust can allow the management of your assets by a trustee of your choosing. This prevents the need for a court-appointed guardian.
Privacy: Unlike a will, which becomes a public record after probate, a trust arrangement remains private. This helps maintain confidentiality regarding the details of your estate, protecting your family’s financial information from public scrutiny.

Legal Guidance You Can Rely On

Witek Law Offices has been here since 1999, serving clients in Chicago and throughout Northern Illinois. Our estate planning lawyer has built a strong record of success and is someone you can count on to give you good legal direction in the development of your will or trust.

Many people across the political spectrum are disgusted by the politicians and judges we see running this country. Would you give control over your estate to them? By not having a will or trust, that’s what you risk. Let us help. We welcome the opportunity to help you make these important decisions and protect your interests.

Call (312) 663-7001 today. We can meet either in person or virtually, whichever you prefer.

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About Our Firm Legal Excellence With Integrity Meet Attorney Thomas Witek

Attorney J. Thomas Witek, with over 25 years of experience, is dedicated to guiding clients through challenging legal situations with a focus on ethical practice and the pursuit of truth and justice. Read more our firm's commitment to excellence for every client by clicking below.

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