At Duffley Law, we help Illinois families set up revocable living trusts that can help keep your home, savings, and financial assets out of probate and put a trusted person in charge for your kids if something happens to you.
We know the probate courts in DuPage, Lake, Cook, Kane, and Will Counties firsthand. Our approach is flat-fee where possible. Families trust us to make this manageable, with a 4.9-star rating across 200+ reviews.
A revocable living trust typically holds your assets while you are alive and lets you name a trustee to manage those assets if you and your spouse are gone. Because a trust can avoid probate, your family may be able to access funds more quickly and privately instead of waiting on a court. With most revocable trusts, you generally stay in full control while you’re alive and can change it anytime.
For Illinois families, we start with a free conversation about your goals and situation so we can see whether a trust might make sense for your situation.
What Clients Are Saying About Duffley Law
“They made the entire estate planning process easy… really fast and well done.”
“They took the time to explain everything clearly and answered all of our questions with patience.”
“They even sent a notary to our house to take care of the paperwork.”
“Very professional and knowledgeable after losing my father.”
“Professional, knowledgeable, and incredibly attentive to every detail.”
Understanding Your Options for Revocable Living Trust vs. Will in Illinois
A revocable living trust can let your home, financial assets, and other assets pass to your family without going through probate court. In Illinois, whether DuPage, Lake, Cook, or other counties, probate can freeze assets for months, cost thousands in fees, and become public record in the circuit court.
A trust can help keep that private and skip the wait.
A will is often simpler and somewhat cheaper to draft, and for smaller estates it can be enough.
Under the Illinois Probate Act of 1975, estates with $150,000 or less in personal property (not counting registered vehicles, and only for deaths on or after August 15, 2025) may qualify for a small-estate affidavit, which can avoid formal probate for those assets. This option generally isn’t available if the estate includes real estate in the deceased person’s own name or if a probate case is already open, among other restrictions. And a will only takes effect after death and does not help during incapacity.
Our Trust Services in Illinois
- Revocable Living Trusts
- Irrevocable Trusts
- Special Needs Trusts
- Charitable Remainder Trusts
- Charitable Lead Trusts
- Spendthrift Trusts
- Testamentary Trusts
- Asset Protection Trusts
- Life Insurance Trusts
- Trustee Succession Planning
- Pour-Over Wills
- Trust Funding and Asset Retitling
- Trust Amendments and Restatements
- Estate Planning Reviews
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 Work With Duffley Law in Illinois
Illinois Trust Code knowledge that protects your plan
A trust is only as strong as the law behind it. Duffley Law drafts under the Illinois Trust Code (760 ILCS 3), the modern framework that took effect in 2020 and reshaped how Illinois trusts can be amended and managed.
Real familiarity with Illinois probate courts
We know how probate actually works in DuPage, Lake, Cook, Kane, and Will County circuit courts. Your trust is designed to help keep your home and accounts out of that slow, public process, not just to look correct on paper.
Flat-fee pricing you can see upfront
Our estate planning clients get a clear, flat-fee proposal before they commit.
Planning built around your goals
We build a plan tailored to your personal goals. There is no one size fits all for estate planning. Many of our clients use a trust-based plan, while others may not. We tailor planning tools to each individual person’s intentions.
How Illinois Real Estate Gets Transferred Into a Trust
To transfer Illinois real estate into a trust, you generally sign a new deed transferring the property from your individual name to the trustee of the trust (which is often yourself). That deed is then recorded with the county recorder where the property is located.
This step is essential. If your DuPage or Lake County home remains titled in your personal name, the trust may not avoid probate for that property.
Illinois also allows a transfer-on-death instrument (ITODI), which can pass real estate directly to a named beneficiary without probate. Depending on your estate plan, this may be used as an alternative or backup to a trust.
First-Party vs. Third-Party Special Needs Trusts Under Illinois Law
A special needs trust can let a disabled family member keep money without losing SSI or Medicaid, which may cut off eligibility once assets pass a limit. The type you need depends on whose money funds it.
- First-party special needs trust: holds the disabled person’s own money, often from an inheritance or lawsuit. Under federal law (the (d)(4)(A) rule), any funds left when they pass must first repay Illinois Medicaid. There are many restrictions and limitations here!
- Third-party special needs trust: funded by parents or relatives, usually as part of a greater estate plan. It tends to be more flexible than a first-party special needs trust.
Naming the right trustee matters here, especially when you are also planning for aging parents or a disabled adult child living in Cook, Lake, or DuPage County.
A Firm Built for Illinois Families
Duffley Law is a trust and estate planning firm serving families across Illinois and Texas. We are admitted to practice in Illinois and work directly under the Illinois Trust Code, so the documents we draft are built to hold up in DuPage, Lake, Cook, Kane, and Will County probate courts.
Estate planning should be clear. We explain when a trust might make more sense to use, how your home and accounts get funded into a trust, and what it all costs before you commit to anything.
Our Process for Illinois Clients
1. Free Initial Consultation
We review your assets, your family situation, and your goals over a virtual consultation. This is where we figure out whether a trust or a different plan fits your situation, and we provide a flat fee proposal to complete the plan.
2. Trust Design
We recommend the right structure for you, whether a revocable living trust, an irrevocable trust, or a special needs trust. The plan is built around your home, your accounts, and who cares for your children if something happens to you.
3. Drafting & Review
We prepare your plan documents, which might include a trust agreement, a pour-over will, and the supporting documents in line with the Illinois Trust Code. We tailor the plan documents to your goals. Your attorney reviews the documents with you one at a time to make sure all is in line with your intentions.
4. Execution
For nearly all of our Illinois clients, we send out a mobile notary and witnesses to them so that everything can be signed conveniently. We supervise signing, witnessing, and notarization so your documents meet Illinois execution requirements.
5. Funding & Recording
We retitle your Illinois real estate into the trust and provide instructions for updating beneficiary designations on bank and financial accounts. Once properly funded, the trust plan is active!
Common Questions About Illinois Trust Planning
Can I be the trustee of my own living trust in Illinois while I’m still alive?
Yes. With a revocable living trust, you typically serve as your own trustee and keep full control of your home, bank accounts, and other assets during your lifetime. You also name a successor trustee to step in if you pass away or become unable to manage things, so your family may be able to access funds to take care of your kids without waiting on a court.
Do I still need a will if I have a living trust in Illinois?
Yes. Illinois attorneys generally pair a trust with a pour-over will, which catches any assets you forgot to move into the trust and sends them into that trust. A will is also where Illinois parents often name a legal guardian for minor children, something a trust alone does not do.
How do I transfer my Illinois home into a trust?
Typically, you retitle the home by recording a new deed that names your trust as the owner, filed with the county recorder (whether in DuPage, Lake, Cook, Kane, or another county). This step is part of “funding” the trust, and is a key step for making sure your property is actually governed by the trust if something happens to you.
What is the Illinois estate tax exemption, and does a trust help with it?
Illinois has its own estate tax with an exemption of $4 million, far lower than the federal exemption. Estates above that amount owe Illinois estate tax, and an appreciated home plus retirement accounts can add up faster than people expect. A standard revocable living trust generally doesn’t reduce or avoid Illinois or federal estate tax on its own, since the assets are still considered yours during your lifetime. Families approaching these thresholds sometimes look at more advanced planning and irrevocable trust strategies as a separate, more specialized part of their planning.
What happens to a trust when the person who created it dies in Illinois?
If you pass away, typically the successor trustee you named takes over and distributes assets to your beneficiaries according to your instructions, generally without going through probate court. And for families with young children, the trustee can access funds right away to pay for the kids’ care instead of waiting months for a judge.
How long does trust administration take in Illinois compared to probate?
Trust administration often wraps up much more quickly because it skips the court entirely. Formal probate in Illinois counties like DuPage or Cook can stretch six months to over a year, and it stays public record the whole time. A trustee can typically take action without waiting for court. That said, some people choose to spread out distributions over multiple years or even decades with their trust-based plans, so trust administration can be much longer. But that is typically by choice, not because it has to be that way.
Can a living trust be contested in Illinois?
Yes, a trust can be challenged, usually on grounds like fraud, undue influence, or lack of capacity when the person signed. Of course, an effectively drafted and funded trust is generally harder to contest than a poorly created one. Clear drafting and correct execution are often your best protection.
Local Resources in Illinois for Trust Planning
- Illinois Secretary of State
State office that oversees business entity registrations and maintains official state records. - Illinois Attorney General, Charitable Trust Bureau
Regulates and registers charitable organizations and oversees compliance with nonprofit governance requirements. - Illinois Department of Revenue
Administers state tax laws including estate-related tax obligations and filings. - Social Security Administration, Chicago Field Office
Federal office providing benefits counseling and assistance for disability, retirement, and survivor claims. - Illinois Department on Aging
State agency coordinating services and advocacy programs for older adults and their caregivers. - Legal Aid Chicago
Nonprofit organization offering civil legal assistance to low-income individuals across the Chicago metropolitan area.
Start Your Illinois Trust Plan With Duffley Law
If something happened to both parents tomorrow, an Illinois home and retirement accounts may sit in probate for months, out in public record, with no immediate access for the people who depend on that money. A revocable living trust can fix that, and setting one up is easier than most families expect.
Duffley Law drafts Illinois trusts, retitles your home, and names a trustee for your assets. Our estate planning team is ready to help create a plan tailored to your goals.
You can reach our Park Ridge office to request a consultation. If we can help, we’ll provide a flat fee proposal so you know the cost of the plan before you commit. We look forward to speaking with you!
Disclaimer: This article is provided by Duffley Law PLLC for informational purposes only and should not be construed as legal advice, as it may not reflect the latest legal developments. Reading this content does not create an attorney-client relationship. For guidance on your specific situation, please discuss with an attorney directly.