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What Documents Should Be in My Estate Plan? | Illinois Wills and Trusts

Updated on
November 1, 2019
Article written by
Attorney Kevin O'Flaherty

This week we will explain the elements of a typical estate plan for a married couple with assets below $2 million dollars.  Such an estate plan will contain the following documents:

  • Joint Revocable Trust:  Primary estate plan document, which sets forth inheritance wishes, provides for disability, and establishes successor trusts for children.
  • Pour Over Will:  Safety net document, which provides that any assets not transferred to trust during lifetime will be dealt with according to the terms of the trust; also provides for guardianship of minor children.
  • Financial Power of Attorney:  Allows your spouse (and successor agents) to execute financial transactions on your behalf.  
  • Health Care Power of Attorney: Designates an individual to make medical decisions on your behalf in the event of incapacity.
  • Living Will:  States your wishes in the event that you are incapacitated and death is imminent except for delaying procedures.
What Documents Should Be in My Estate Plan? | Illinois Wills and Trusts
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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