Estate Planning 101 — What Every Illinois Family Should Know

Why Every Family Needs a Plan

 In Illinois, when someone passes away without a plan, their family usually has to go through probate court. That process can take more than a year and cost thousands of dollars in court and attorney fees. But the true cost is often emotional.

I once handled a case where three siblings spent nearly two years fighting in probate court because their parents never wrote down what they wanted. The legal fees added up to more than the value of the house they were arguing over — and the family hasn’t spoken since.

All of that stress could have been avoided with clear documents that spelled out their parents’ wishes. Estate planning isn’t just about money; it’s about protecting your family from conflict, confusion, and unnecessary court involvement.

A good plan gives your loved ones direction, privacy, and peace of mind when they need it most.

The Core Four Documents Every Illinois Family Should Have

1. Living Trust — A trust makes sure your home, savings, and belongings go exactly where you want them to go. You stay in control while you’re alive, and your chosen agent or trustee steps in only if you can’t or after you pass away. It keeps things private and helps your family avoid long court delays.

2. Pour-Over Will — This will is your backup plan. It covers anything that isn’t already in your trust and makes sure it ends up in the right hands.

3. Power of Attorney for Property — This lets a trusted agent handle bills, accounts, and finances if you ever can’t. It prevents your family from having to go to court just to manage your affairs.

4. Power of Attorney for Healthcare — This names the person you want to speak with doctors and make medical decisions if you’re unable to. It also makes your healthcare wishes clear and respected.

Together, these four documents make things smoother for your loved ones. They reduce stress, confusion, and delays — and ensure someone you trust can step in when needed.

Why 18-Year-Olds Need Powers of Attorney

 Once a child turns 18, parents can’t automatically access their medical information or make decisions in an emergency. A simple set of Powers of Attorney for Property and Healthcare gives families the ability to act quickly without waiting for court approval.

Peace of Mind for Every Family

 Estate planning isn’t about how much you own — it’s about taking care of those you care about. At Marketti Law Firm, most plans range between $2,000 and $4,000 flat fee and can usually be completed within 30 to 90 days.

Creating your plan now is one of the kindest gifts you can give your family. It saves them time, stress, and conflict later — and gives you peace of mind today.

Proper planning prevents conflict and brings calm when it matters most.

Allison Marketti is a Frankfort-based attorney helping Illinois families protect what matters most through clear, compassionate estate planning and business law.  She offers personalized, flat-fee plans designed to simplify the process and bring confidence to every family she serves.