Estate Planning in Lockport and Will County, Illinois
A full Illinois estate plan has a will or trust, a power of attorney for property, a power of attorney for health care, and a living will. Together they say who gets your property, who handles your money and medical choices if you cannot, and who raises your children. Jeff McCarthy handles estate planning from his Lockport office.
What you need
A complete plan is a short stack of documents. Each one has its own signing rules, which Jeff checks at signing.
- A will, naming your executor and your children's guardian.
- A revocable living trust, if you want assets to skip probate.
- A power of attorney for property.
- A power of attorney for health care.
- A living will.
- For Illinois real estate, sometimes a transfer on death instrument.
- A list of your property, accounts, and the people you want to name.
How each document is signed
The signing rules differ from one paper to the next, and an error can cost you the document. This table sums up what the Illinois statutes ask for.
| Document | What Illinois requires |
|---|---|
| Will | Writing, your signature, two or more credible witnesses |
| Revocable trust | Capacity, intent, a definite beneficiary, and a trustee with duties |
| Power of attorney for property | One witness and a notary, who must be different people |
| Power of attorney for health care | One witness, no notary |
| Living will | Two witnesses age 18 or older |
| Transfer on death instrument | Two witnesses, a notary, and recording before death |
| Guardian designation for children | Two witnesses age 18 or older, neither the person named |
Will or trust
Almost every plan has a will. A trust is the add on for people who want a house or accounts to pass without a court case, or who want a trustee ready if they lose the ability to manage money. The two work together. The page on will versus trust compares them side by side. If you die with neither, state law fills the gap: see dying without a will in Illinois.
Get your plan done. Call Jeff.
Tell Jeff about your family, your home and what you want to happen. He'll explain the next step.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Two powers of attorney and a living will
These three papers cover your life, not your death. The property power names someone to pay bills and manage accounts. The health care power names someone to talk with your doctors and decide when you cannot. The living will states your wishes about treatment in a terminal condition. If a family has none of these and a parent can no longer decide, the next step may be a court case, covered on adult guardianship.
Children, guardians, and special situations
Parents of minors name a guardian in writing. See guardian for minor children. Plans also change with life events, and these pages go into each one.
- New parents
- After buying a home
- After a divorce
- Blended families
- Business owners
- Digital assets
- Illinois estate tax
For questions about timing and what to bring, read the estate planning checklist. Jeff explains the cost of a plan on the first call, and the page on what changes the cost lists the factors.
What happens without a plan
State law fills every gap you leave. With no will, the Probate Act divides your estate in a fixed order, and a spouse with children shares with them whether or not that matches your wishes. With no power of attorney, a family may have to ask a judge to appoint a guardian, a case that involves a petition, medical evaluations, and a hearing. With no named guardian for your children, a court picks. A plan replaces those defaults with your own choices, made while you can still make them.
If someone has already died
Estate planning is what you do while you are alive. After a death, the work is probate or trust administration. See probate in Will County for the court process, the duties of an executor, and the options that can shorten it.
Meeting Jeff
Jeff McCarthy has practiced law for more than 30 years. His office is at 136 E 9th St in Lockport. He serves families across Will County, and you can read about nearby towns on the estate planning pages for Lockport, Joliet, Plainfield, New Lenox, Homer Glen, Frankfort, Mokena, Lemont, and Orland Park. Bring any existing will, deeds, and a list of accounts to the first meeting. More about Jeff.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about estate planning
Short answers first. Jeff McCarthy reviews every answer on this page.
A will or trust, a power of attorney for property, a power of attorney for health care, and a living will. Real estate may also call for a transfer on death instrument.
A will takes effect at death. A power of attorney works while you are alive and cannot act for you after death.
Even a small estate needs someone with authority to act for you and a choice of guardian for children. Without a will, the Probate Act sets who inherits.
The law does not require one, but the signing and witness rules are strict and an error can undo the document. Jeff reviews the details.
Review it after a marriage, a divorce, a birth, a major purchase, or a move. Divorce changes parts of a will and a trust by law, and other changes need your direction.
Yes. Most trust plans include a pour-over will so that anything left outside the trust still ends up there.
Call Jeff and tell him what you own and who depends on you. He will tell you which documents fit your situation and what to bring.
Keep reading
Ready for clarity, direction, and legal protection? Fill out the form and let’s begin.
Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
