Wills & Trusts Center

Illinois Wills and Trusts Attorneys

Just as important as the wills, trusts and estate planning that Schussler & Kutsulis Ltd., Attorneys at Law help people with, are the health care directives that can ensure a higher quality of life for an entire family when end-of-life issues are at hand. We assist our clients in Orland Park, Illinois and neighboring southwest suburban Chicago area communities in Cook County, Will County, and DuPage County who wish to let their wishes be known to protect their families from confusion or dissension near the end of their life.

We know how important it can be to establish a power of attorney for health care to answer such questions for your family as: what kind of life support would you be willing to accept if you become incapacitated? If you don’t give an agent the power to make this decision for you, a whole series of hearings and court cases might result if there is any disagreement between health care professionals and the family, or between different factions of the family.

Southeast Suburban Chicago Living Will Law Firm

An attorney such as Andrew Kutsulis, Jr. or Edward G. Schussler who understands all the options can best guide you as you devise the heath care directive and / or power of attorney for health care that is right for your own beliefs, life circumstances and family situation. We can help you ensure that your estate won’t be depleted while you are kept alive in a persistent vegetative state in a nursing home against your wishes. Many of our clients indicate that they would not want to be kept artificially alive in such conditions, spending their entire life’s savings on nursing home care, but rather, would prefer to be allowed to die naturally and peacefully, and leave a legacy for heirs.

There is a great deal of confusion among the public about what a living trust and a living will, and the differences between them. There are also many misconceptions about what probate does and does not involve. As an example, You may not realize the sequence of events you set in motion by putting your child’s name on your property. We are experienced and well equipped to clarify all these and other matters related to wills, trusts and probate.

We’re easy to get to, and easy to talk to. We can help you put your affairs in order quite affordably and efficiently. Contact us and take that first step toward leaving your family with a much easier job ahead when your time comes to pass on your legacy to the next generation.

Wills and Trusts - An Overview

A will is a written communication by which a person directs how his or her estate is to be distributed upon death. The estate consists of the property that one leaves behind after death. A trust is the legal right to the beneficial enjoyment of property to which another person holds the legal title. Wills and trusts are commonly used estate planning tools.

The advice and assistance of an experienced wills and trusts attorney are essential to making sure that the measures you choose comply with your state's law and truly carry out your wishes.

Planning for the Future

Estate planning allows you to determine how you would like your assets and property distributed after your death. There are various types of wills and trusts available to do this. These documents provide necessary guidance for many significant decisions such as:

• Who should be named as a guardian to care for your minor children
• Who will manage your estate and distribute your assets
• Who you want to make medical and financial decisions for you in case of incapacity

Without proper estate planning, the probate court will determine how your assets are distributed according to state intestacy laws. In the event that you have no heirs, the state will take ownership of your property. To prevent the state from making these decisions for you, it is essential to have a proper estate plan in place.

Creating a Will: The First Step

The cornerstone document of any estate plan is the will. The person who creates a will is a testator. A will allows you to:

• Select the person responsible for carrying out your final wishes (known as the executor or personal representative)
• Name a guardian to care for your minor children and manage their property
• Direct which property will go to which beneficiaries
• Determine who should receive the remainder (residue) of your estate

Each state has its own set of requirements that must be met in order to create a valid will. However, there are some common elements in the various state laws. In general, the testator must have had the mental capacity to create a will. This means that the testator must have understood what property he or she owned, who the property was being left to, and that by signing the will, the testator was creating a binding document to dispose of his or her property at death. Additionally, the will must have been in writing, signed by the testator and signed by at least two witnesses.

Some states recognize oral wills in certain circumstances, such as in cases of imminent death. About half of the states recognize holographic wills, which are made in the testator's own handwriting and signed by the testator.

Choosing a Trust

A trust is a legal property interest held by one person for the benefit of another. The person who holds the legal property interest is the trustee. The person for whom the property is held is the beneficiary. The person establishing the trust is called the grantor. A trust can be revocable or irrevocable.

• Revocable trusts may be changed or terminated by the grantor at any time and for any reason
• Irrevocable trusts, once established, cannot be terminated or altered by the grantor for any reason

Trusts also may be living, or inter vivos, trusts or testamentary trusts. Inter vivos trusts are made while the grantor is still alive while testamentary trusts are created by the grantor's will and do not come into effect until his or her death.

Trusts allow trustees to direct or control property or other legal rights that are in the trusts. A trustee has a legal duty to make decisions regarding the trust property in the best interests of the beneficiary. Trustees can be held liable for any misuse or mismanagement of trust assets.

There are many different types of trusts that can be used in your estate plan, including:

• Life insurance trusts
• Self-declaration trusts
• Support trusts
• Charitable trusts
• Spendthrift trusts
• Honorary trusts

An experienced trusts and estates attorney can review the different types of trusts with you and help you select the ones that will best fit your estate's needs.

Other Estate Planning Tools

In addition to trusts and wills, other estate planning instruments you may use to execute your wishes include:

• Powers of Attorney: allow you to appoint another person to make decisions on your behalf. Powers of attorney are normally used to designate someone to make financial and legal decisions for you, but you can determine the type and scope of the power in the document
• Health Care Directives: also known as medical powers of attorney, allow you to appoint a health care agent who will have the legal authority to make health care decisions for you if you become incapacitated and cannot make the decisions for yourself
• Living Wills: allow you to state the type and level of medical treatment you do or do not wish to receive if you are too ill or injured to direct your own care

Conclusion

It is best to begin your estate plan sooner rather than later. It is important to remember that wills, trusts and other estate planning documents can be modified one or more times to reflect changes in your life. To begin drafting your estate plan, contact an experienced estate planning attorney in your area.

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