Articles Posted in Power of Attorney

C0C54501-81B9-4A14-AC38-1A89563B3C05-300x200Most parents who put off estate planning aren’t avoiding the hard emotional part, thinking about their own mortality. They’re avoiding it because it feels like a project for someday, something to handle once things settle down. The problem is that the mistakes parents make in this area rarely show up as a single dramatic failure. They show up quietly, in documents that were never created, or created once and never updated, and the family only discovers the gap when it’s already too late to fix it the easy way.

Here are the mistakes I see most often, and what actually protects your kids instead.

1. Not Naming a Guardian for Your Minor Children

E3C8A54A-1AE3-4200-A5C6-026216596CB7-300x200There is a specific moment that changes everything for families caring for an aging parent, and most families do not realize they have already passed it until they need to act. It is the moment a parent loses the legal capacity to sign their own documents. Before that moment, planning is simple, calm, and entirely in your parent’s control. After it, the only path forward often runs through a courtroom.

This is the conversation most families put off, understandably. Nobody wants to sit across from a parent and talk about what happens if they can no longer make their own decisions. But the families who have this conversation early are the ones who get to avoid the version that plays out in front of a judge.

The Window Closes Quietly

75871A27-039F-4B26-9C88-E2BD49334F25-300x200Most people assume their spouse or children will automatically inherit everything if they die without a will. In Illinois, that is only partially true.

If you die without a valid will, Illinois law decides who inherits your property. You lose the ability to choose who receives your assets, who manages your estate, who cares for your minor children, and how your family handles the probate process.

For some families, the result is straightforward. For others, it creates unexpected legal complications, delays, and conflict at an already difficult time.

303B4357-DD01-4E6F-829E-625E093D109E-300x200You did everything right.

You sat down with an attorney. You signed the documents. You made sure your spouse, or your adult child, or your trusted sibling knew where everything was kept. You told yourself your family would be protected if something happened to you.

Then something happened.

What-Illinois-Business-Owners-Should-Know-About-the-One-Big-Beautiful-Bill-Act-copy-300x300Illinois may soon see a major update to its Small Estate Affidavit process. On June 20, 2025, the Illinois General Assembly passed Senate Bill 83 and sent it to the Governor for consideration. The Governor has until August 19, 2025, to sign or veto the bill. Since

the General Assembly is currently out of session, failure to act by that date will result in an automatic veto.

Senate Bill 83, introduced by the Illinois State Bar Association’s Trusts and Estates Section Council, is designed to modernize and expand access to the Small Estate Affidavit, a tool that allows certain estates to bypass the formal probate process. Under

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