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Client FAQs
Your Questions, Answered.
What is estate planning?

Estate planning is the process of arranging for the transfer of your personal wealth. The primary goals are to ensure that the property will pass to designated recipients in the appropriate form and to minimize taxes and other costs. Additionally, estate planning can protect assets that pass to beneficiaries from creditors or a spouse in the event of divorce.

Why is estate planning important?

Estate planning is important because it ensures that your assets are distributed according to your wishes, minimizes taxes and other costs, and can protect your beneficiaries' inheritance from creditors or divorce. Without proper estate planning, your assets may not be distributed as you intended, and your estate may incur unnecessary taxes and expenses.

What documents are typically included in an estate plan?

A typical estate plan includes a will, sometimes a living trust, sometimes a guardianship nomination for minor children, a healthcare power of attorney, and a financial/property power of attorney.

What is a living trust?

A living trust is a legal arrangement created during a person's lifetime that allows them to transfer assets into the trust for their benefit during their lifetime and then transfer those assets to designated beneficiaries upon their death, bypassing probate.

What is the difference between a will and a living trust?

A will is a document that directs how your assets are distributed after your death and typically requires probate. A trust also directs how your assets are distributed after your death, but typically can avoid probate, which provides more privacy.

Do I need a certain amount of assets to create a living trust?

No specific amount of assets is required to create a living trust. A living trust can be beneficial for managing and distributing any level of assets efficiently.

How often should I update my estate plan?

You should update your estate plan whenever there are significant changes in your life, such as marriage, divorce, the birth of a child, or significant changes in your financial situation. Additionally, it is advisable to review your estate plan periodically, such as every five years, to ensure it remains current with any changes in laws or personal circumstances.

Are online DIY estate planning tools a good idea?

In a word, no. Estate planning involves several legal subjects that all come together, and most people do not have the knowledge to address all the necessary subjects. Additionally, online DIY tools often produce only simple documents that lack the customization and nuance that you may need. Consulting an estate planning attorney ensures your unique needs are addressed, and in a way that works for you and your family.

Why can’t I write my own will or trust?

You can, but it is not a good idea. Writing your own will or trust without legal guidance can lead to errors and omissions that may invalidate the document or cause disputes. Creating a trust or a valid will requires specific elements that are best handled by a professional.

Can we meet with you over the phone?

We meet with clients and prospective clients either over video and in person. We do not meet over the phone.

Does my spouse have to come to the meeting?

If your spouse wants us to prepare an estate plan for them, then yes, your spouse must come to the meeting. If you want us to prepare an estate plan just for you, and you want my duty of confidentiality to exclude your spouse, then come by yourself.

What happens to my property and my children if I do not have a will or any kind of estate plan?

If you die without a will in Illinois, your money and property will be distributed according to state intestacy laws, which may not be according to your wishes. If you are married and have children, half of what you own will go to your spouse and the other half will go to your children. If your children are minors, their inheritance will be placed in a court guardianship and given to them all at once when they are 18, whether or not they can manage the money. Your estate will also have to go through probate court.

What is probate?

Probate is the legal court process of administering a deceased person's estate, which includes proving the validity of the will, collecting assets, paying debts, and distributing the remaining property to beneficiaries.

My relative left a very small estate. Do we still have to go to court?

Even small estates may need to go through probate, but specific thresholds and procedures can vary. Consulting with an estate attorney will provide guidance based on the estate's details.

Why do we have to go through probate if there is a will that says how to distribute the assets?

Probate is necessary to validate the will, ensure debts and taxes are paid, and oversee the distribution of assets. The Probate Act allows a surviving spouse to renounce the will, which can affect the distribution.

Why does probate take so long?

Probate can take a long time due to various factors, such as the complexity of the estate, the need to locate and value assets, the resolution of any disputes or claims against the estate, and the court's schedule. Additionally, the probate process involves multiple steps and legal requirements that just take time.

How does probate affect privacy?

Nothing in probate is private. Everything in the process is a matter of public record. The details of the deceased person's assets, debts, and beneficiaries become accessible to the public. In contrast, assets transferred through a trust remain private and are not subject to public disclosure.

Can probate be avoided?

Probate can be avoided by using estate planning tools such as revocable living trusts, joint ownership, beneficiary designations, and payable-on-death accounts. It is very important to consult with an estate attorney for guidance about which options are best for your situation.

What are the advantages of probate?

The advantages of probate include the court's oversight of the estate administration, which provides a structured and transparent process for settling the estate. The probate process ensures that debts are paid before assets are distributed, giving beneficiaries certainty that their inheritance is free of claims. The probate process ensures assets are distributed according to the deceased person's wishes or state law. Additionally, probate provides a forum for resolving disputes among heirs or creditors.

What is trust administration?

Trust administration involves managing and distributing the assets held in a trust according to the terms set forth by the settlor who created the trust. Key aspects include managing assets, investing for growth or income, as appropriate, keeping detailed records, filing tax returns, and keeping beneficiaries informed.

Who is responsible for trust administration?

The trustee is responsible for trust administration. It is a serious responsibility. The trustee must act with the utmost good faith, loyalty, and diligence, always prioritizing the beneficiaries' interests and adhering to the terms of the trust.

How long does trust administration take?

The duration of trust administration depends on the complexity of the trust, the nature of the assets, and the specific terms of the trust. It can range from a few months to several years, to indefinitely, depending on these factors.

Can a trust be contested?

In Illinois, a trust can be contested on various grounds, such as lack of capacity, undue influence, fraud, or improper execution. Contesting a trust involves legal proceedings, and the burden of proof lies with the party challenging the trust.

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