At Duffley Law, we help Chicago residents create clear estate plans that protect their homes, savings, and loved ones from unnecessary court involvement. We handle wills, living trusts, powers of attorney, healthcare planning, and other key planning documents.
Estate planning is about deciding who manages your assets if you become incapacitated and who receives them after you pass away. It is not just for super wealthy families.
Without a plan, your estate may end up in Cook County Probate Court, a process that can take months or even years and cost your family many thousands in fees. Illinois intestacy law may also decide who receives your property, even if that does not match your own wishes.
According to the Caring.com 2024 Wills and Estate Planning Study, only 32% of Americans have a will or living trust. With the right documents in place, you can protect your family, avoid unnecessary court delays, and leave clear instructions for the people who depend on you.
Understanding Wills vs. Trusts in Illinois
For many Chicago families, the two “primary” estate planning tools are a will and a living trust.
A will explains who receives your property and may also name a guardian for your minor children, but it generally does not avoid probate.
A living trust holds your home and accounts so your family can often avoid probate and keep the process private.
Under the Illinois Probate Act of 1975, probate is generally required for estates over $100,000 or estates that include solely owned real estate (assuming effective estate planning tools are not used to avoid probate entirely!). That is why many Chicago homeowners use a living trust to keep their family out of court.
Trusts can also address more specific needs. An effective special needs trust can protect a disabled loved one’s benefits. An irrevocable trust may help with Medicaid planning when established properly. An effective QTIP trust can help protect children from a prior marriage in blended families.
At Duffley Law, we help you choose the right structure for your family and your long-term goals.
Estate Planning Services We Offer in Chicago
- Last Wills and Testaments
- Revocable Living Trusts
- Irrevocable Trusts
- Special Needs Trusts
- Powers of Attorney (Financial and Durable)
- Healthcare Powers of Attorney
- Living Wills and Advance Directives
- Beneficiary Designation Review
- Guardianship Designations for Minor Children
- Business Succession Planning
- Asset Protection Planning
- Estate Tax Planning for Illinois Estates Over $4 Million
Trusted Legal Guidance For All Things Probate
For more information or assistance with probate, please call us now at (832) 843-1511. We provide our clients with personalized guidance to help make the process as simple as possible.
Why Choose Duffley Law for Estate Planning in Chicago
Real Illinois knowledge
We are licensed in Illinois and consistently work with the Illinois Trust Code and the Probate Act, and we understand how Cook County Probate Court actually handles cases.
Plans built for your family
If you need a simple will and power of attorney, or a living trust to avoid probate and set up more custom distributions, we tailor the plan to your situation and your goals.
Mobile signings
For estate planning signings, we are able to provide a mobile notary and witnesses who come to you (with very few exceptions)! We make sure documents are signed properly and in line with state requirements.
When Should You Start Estate Planning in Chicago?
The best time to create an estate plan is *before* your family needs one. Many people wait until a health scare or a death in the family, but estate planning is often easier and smoother when handled ahead of time.
For Chicago families, estate planning can become especially important when you own real estate, have children, build retirement savings, start a business, inherit money, or want to keep your family out of Cook County Probate Court.
Even a basic plan, so long as it’s done effectively, can make sure the right person can manage your finances, make medical decisions, care for your children, and receive your property without unnecessary confusion.
It’s often a good idea to review your estate plan after major life changes. A plan that worked five years ago may not still reflect your family, your current assets, or your preferences today.
Duffley Law helps Chicago residents put effective documents in place now so their families are not left guessing later.
Areas We Serve in Chicago
- The Loop
- South Loop
- West Loop
- River North
- Streeterville
- Gold Coast
- Lincoln Park
- Lakeview
- Old Town
- Wicker Park
- Bucktown
- Logan Square
- Ukrainian Village
- Andersonville
- Lincoln Square
- Hyde Park
- Beverly
- Rogers Park
- Edgewater
- Ravenswood
- Uptown
- Avondale
- Bridgeport
- Jefferson Park
- Norwood Park
- Portage Park
- Edison Park
- Albany Park
- Irving Park
- Pilsen
- and more!
Our Estate Planning Process in Chicago
1. Initial Call & Consultation
We start with a call about your family, your situation, and your goals. We set up a consultation from there to go into further detail and provide a flat fee proposal from there.
2. Review of Goals and Assets
Your lead attorney reviews your plan details and goals with you.
3. Document Drafting and Review
Our team prepares your plan documents, whether for a will-based plan or a trust-based plan. We send those documents to you once complete.
4. Explanation of Every Document
We walk you through each document with you and make any revisions as necessary.
5. Convenient Signing and Notarization
For most of our clients, we send out a mobile notary and witness team to your home to finalize signatures.
Frequently Asked Questions About Estate Planning in Chicago
Do I actually need a trust in Illinois, or is a simple will enough for a homeowner with a house and a 401(k)?
It depends on your goals, what you own, and what you want to avoid. A will alone typically sends your estate through Cook County Probate Court, the court process that decides who gets what when there is no faster plan in place. A living trust, which holds your home and accounts during your life and passes them directly to your family, can skip probate entirely. If you own a Chicago home, a trust is often worth a serious look. A “lady bird deed” might be worth considering as well as a way to avoid probate for the house.
What happens to my home and savings if I die without a will in Illinois?
You die “intestate,” which means Illinois law decides who inherits, not you. Under Illinois rules, your spouse and children may split everything, and if you are unmarried with no kids, it typically goes to parents, siblings, and on down the line. Exact distributions are determined by state law. And your estate will likely need to go through probate court, and the process can take a year or more in many cases.
Does Illinois have an inheritance tax, and what is the estate tax exemption?
Illinois does not have an inheritance tax, so your heirs are not taxed simply for receiving what you leave them. Illinois does have a state estate tax, and the exemption is currently at $4 million per person. Estates over this threshold may choose to take advantage of more advanced planning to avoid or limit estate tax exposure, sometimes with irrevocable trusts.
How long does probate actually take in Cook County, and why does everyone say to avoid it?
Probate in Cook County commonly takes 6 to 18 months, and complicated estates can run longer. During that time, your family may not have full access to your home or accounts. There are court filings, notices to creditors, and attorney costs along the way. An effective estate plan can keep things out of probate court.
Can I just write my own will in Illinois, or download one online?
You can, but Illinois has strict signing rules, and generic forms may not cover best practices for Illinois. Generally, your will must be in writing, signed by you, and witnessed by two people who watch you sign (who also sign the document). If signing steps are done incorrectly, a court can throw the whole thing out.
What documents does every adult in Chicago actually need in a basic plan?
What each person “needs” is dependent on their goals. Many plans at least include a will (that names who gets your property if probate is necessary and who cares for your kids), a financial or durable power of attorney (which lets someone you trust handle money and bills if you cannot), a medical power of attorney for medical decisions, and often a living trust to keep assets out of probate. Exact plan documents may differ greatly from person to person, and there is no one size fits all approach.
How do I name a guardian for my children in Illinois so the court does not decide?
You typically name a guardian for minor children in your will. Without it, a Cook County judge decides who raises your kids, and it may not be who you would have chosen. Pick someone you trust, name a backup, and talk to them first.
What is a power of attorney, and do I really need one if I already have a will?
A will does nothing while you are alive. On the other hand, a power of attorney lets someone you name step in to manage your finances or medical care if you become sick or incapacitated. A will only takes effect after death, while power of attorney is a during life document. .
What Clients Say About Duffley Law
“They made the entire estate planning process easy… really fast and well done.”
This is exactly the relief most people are looking for. Getting a plan in place should feel manageable, not overwhelming.
“They took the time to explain everything clearly and answered all of our questions with patience.”
Understanding what each document does is a major way clients can walk away with peace of mind once the planning process is complete.
“They even sent a notary to our house to take care of the paperwork.”
Illinois requires wills to be signed and witnessed properly to hold up. This kind of flexibility means you do not have to take time off work or drive anywhere else to get it done right.
“Very professional and knowledgeable after losing my father.”
Estate matters often come during hard moments. Handling them with compassion can make a difficult time easier to get through.
“Professional, knowledgeable, and incredibly attentive to every detail.”
Small details matter when your home, savings, and your kids’ future are on the line. Careful work now keeps your family out of trouble later.
Chicago-Area Resources for Estate Planning
- Circuit Court of Cook County, Probate Division
Handles probate, decedent estates, guardianships, trusts, will contests, and related estate matters in Cook County.
- Clerk of the Circuit Court of Cook County
Provides probate filing information, court records, case lookup tools, and procedural resources for estates and guardianships.
- Cook County Clerk’s Office
Maintains vital records, including birth, marriage, and death records, which may be needed during estate planning or probate.
- Cook County Clerk’s Recordings Division
Records and maintains deeds, land records, and other real estate documents, which can matter when funding a trust or confirming property ownership.
- Cook County Clerk Recordings Legal Help Desk
Offers help with homeownership records, chain-of-title questions, and land record issues for Cook County residents.
- Chicago Volunteer Legal Services
Offers free legal aid for low-income Cook County residents, including help with probate, wills, and related civil matters.
- Illinois Legal Aid Online
Provides self-help legal information, forms, and referral resources for Illinois residents.
Start Your Chicago Estate Plan with Duffley Law Today
If you own a home, have a retirement portfolio, carry a life insurance policy, or have people you want to see cared for, you have something to consider planning for.
Getting started takes one short step. With offices in Park Ridge, we are ready to talk through what you need.
Call to book your consultation so we can learn more about your goals and see how we might be able to help put a plan for you and your family.