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Using an Estate Plan to Stay in Control of Your Assets in Illinois


Estate planning is more than just about deciding who inherits your assets after you’re gone. It’s about staying in control of your assets and making your wishes known even when you’re not around. When you create a comprehensive estate plan, you can designate who will manage your assets if you become incapacitated and ensure they’re distributed according to your wishes when you’re no longer here.

A comprehensive estate plan usually consists of several components, each playing a vital role in protecting your assets. A will is the cornerstone of an estate plan, detailing your wishes regarding asset distribution. A trust can help you avoid probate, provide tax advantages, and even set conditions on how and when your assets will be disbursed. Powers of attorney, both financial and healthcare, designate trusted individuals to make decisions on your behalf should you become unable to do so.

Asset Distribution According to Your Wishes

Without an estate plan, the state decides how your assets are distributed after your death, following the laws of intestacy. By creating a comprehensive will or trust, you ensure your assets go exactly where you want them to—whether that’s to family, friends, or charitable organizations. You retain control even after you’re gone.

Incapacity Planning in Illinois

No one likes to think about becoming unable to manage their own affairs, but it’s a possibility we should all plan for. Durable powers of attorney for financial matters and healthcare enable you to name trusted individuals to make decisions on your behalf if you become incapacitated. This way, you retain control by ensuring that your chosen representatives follow your preferred course of action.

Asset Protection

Estate planning is also essential for asset protection. Certain estate planning tools, like trusts, can help protect your assets from creditors, lawsuits, or divorce proceedings. By proactively planning, you can safeguard your wealth for yourself and your loved ones.

Planning for Minors

If you have minor children, a comprehensive estate plan can help you control who will care for them and manage their inheritance until they reach adulthood. Naming guardians for your children in your will and creating trusts to manage their inheritances gives you control over these crucial decisions.

Minimizing Taxes

Estate planning can help you minimize estate and inheritance taxes, keeping more of your assets in your family’s hands.

  1. Utilizing Trusts: Trusts, such as Revocable Living Trusts and Irrevocable Trusts, can significantly reduce estate taxes and bypass the probate process.
  2. Leveraging Life Insurance Policies: Life insurance policies can provide tax-free inheritance to beneficiaries; further tax benefits can be realized when policies are held in an Irrevocable Life Insurance Trust (ILIT).
  3. Charitable Contributions: Gifts to qualified charities can reduce the taxable value of your estate, lowering estate taxes.
  4. Annual Gift Tax Exclusions: Regular gifting up to the annual tax-free limit ($15,000 per recipient as of 2021) can gradually reduce your estate’s size and potential tax liability.

Working with an experienced estate planning attorney ensures a personalized, effective strategy for minimizing taxes.

Contact Us to Get Started on Your Estate Plan

Maintaining control over your assets and finances necessitates strategic estate planning. Embark on this journey today to ensure your desires are fulfilled and your loved ones are well cared for. At Evans Legacy Law Group, we are committed to helping you devise an estate plan tailored to your unique needs and aspirations. Don’t leave your future to chance. Reach out to us online or dial (872) 244-6953 for a private consultation with a seasoned Illinois Estate Planning and Asset Protection Attorney. The key to controlling your future assets begins with a single step today – we’re here to guide you along the way.

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