Bolingbrook Wills and Trusts Attorney

Wills and Trusts Under Illinois Law

A will and a trust do different jobs, and understanding the difference matters when you're deciding what your estate plan should include. A will directs how your property is distributed, lets you name a guardian for minor children, and names an executor to carry it all out, but it doesn't avoid probate, assets passing through a will still go through Illinois's probate court. A revocable living trust works differently: once your assets are properly titled in the trust's name, they bypass probate entirely, which saves your family time, court costs, and the loss of privacy that comes with probate becoming public record. Illinois also raised its small estate threshold in 2025, so estates with $150,000 or less in personal property and no real estate can often skip formal probate through a simpler small estate affidavit process. For a will to be valid in Illinois, you need to be at least 18 and of sound mind, the will must be in writing and signed voluntarily, and two witnesses who don't benefit from the will need to sign in your presence, miss any of these formalities and the document may not hold up in court.

How O'Flaherty Law Builds Estate Plans for Bolingbrook Families

Every family's situation calls for a different mix of documents, and we start by understanding what actually matters to you, providing for young children, protecting a family business, avoiding probate, minimizing complications for your loved ones, before recommending a plan. For some clients, a well-drafted will covers what they need. For others, a revocable living trust makes more sense, especially if privacy, avoiding probate, or planning for potential incapacity are priorities. We also make sure your plan holds up under Illinois's specific legal requirements, since a document that looks right on paper can still fail in probate court if it's missing a required formality. If you already have a will or trust but haven't looked at it in years, we're glad to review it and flag anything that no longer reflects your wishes or your family situation.

Keeping Your Estate Plan Current

An estate plan isn't something you set once and forget. A death, a divorce, a new grandchild, a move, or a change in what you own can all mean it's time to update your documents, and in fact, Illinois law automatically revokes any provisions favoring a former spouse if you divorce after signing your will. We help Bolingbrook clients revise wills and trusts as life changes, and we make sure updates are executed correctly so they'll actually be honored later. If you're serving as an executor or trustee for a loved one's estate, we can also guide you through that process, since Illinois generally requires an attorney to handle formal probate on the estate's behalf. Whether you're building a plan from nothing or making sure an old one still fits, we're here to help you get it right.