FAQ

Probate is the court and process that looks after people who cannot make their own personal, health care, and financial decisions.
These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate.
Probate proceedings can be expensive and time-consuming. Additionally, the court proceedings and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private. Our probate and retirement planning law firm would be happy to work with you throughout the process.

This is the most common form of asset ownership between spouses. Joint tenancy (or TBE) has the advantage of avoiding probate at the death of the first spouse.
However, the surviving spouse should not add the names of other relatives to their assets. Doing so may subject their assets to loss through the debts, bankruptcies, divorces and/or lawsuits of any additional joint tenants.
Joint tenancy planning also may result in unnecessary death taxes on the estate of a married couple. Our elder law attorney can help with all of your needs.

The document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid probate. Wills have no legal authority until the willmaker dies and the original will is delivered to the Probate Court.
Still, everyone with minor children needs a will. It is the only way to appoint the new “parent” of an orphaned child. Special testamentary trust provisions in a will can provide for the management and distribution of assets for your heirs. Additionally, assets can be arranged and coordinated with provisions of the testamentary trusts to avoid death taxes. Our asset protection attorney at The Law Offices of Steven H. Peck, Ltd. can help you create a will.

Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself.
Oftentimes, a living will is executed along with a Durable Power of Attorney for Health Care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself. Our estate planning law firm can help you plan your living will.

If you die without even a Will (intestate), the legislature of your state has already determined who will inherit your assets and when they will inherit them. You may not agree with their plan, but roughly 76% of Americans pass away without a will, according to Retirement Living. Our leading estate planning attorneys in Illinois are here to help you build a plan that reflects your wishes.