Wills

September 10, 2026

The Biggest Estate Planning Mistakes Parents Make in Illinois

Most 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

September 1, 2026

Planning for Aging Parents Before It’s an Emergency

by Tracy A. Ries

There 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

July 20, 2026

What Happens If You Die Without a Will in Illinois?

by Tracy A. Ries

Most 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.

August 20, 2025

Proposed Update to Illinois Small Estate Law Heads to Governor’s Desk

by Bellas & Wachowski - Attorneys at Law

Illinois 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

December 12, 2023

Going Through a Divorce? Don’t Forget to Disinherit Your Soon-to-be Ex

by George Bellas

Guest Blogger: Attorney Tracy Ries

For parents going through a divorce, the right-now priority is to retain matrimonial attorneys to negotiate or litigate a plan to divide up assets, determine alimony and child support payments, and haggle over children’s residency and visitation schedules.

And it’s understandable that’s the top focus from a legal standpoint. But assuming you and your soon-to-be former spouse have, at some point, put into place estate planning documents—wills, trusts, powers-of-attorney, life insurance policies or anything else—you will want to revisit those ASAP.

December 3, 2023

Estate Planning Insights: The Widespread Impact of Wills

by Bellas & Wachowski - Attorneys at Law

Did you know that according to recent statistics, a significant percentage of adults still don’t have a will in place? Here’s a glimpse into the current state of estate planning:

1. Widespread Gap: Surprisingly, approximately 60% of adults worldwide do not have a valid will. This means the majority of individuals are yet to formalize their wishes regarding asset distribution, guardianship, and more.

2. Age and Preparedness: Studies indicate that the younger demographic tends to procrastinate on estate planning. About 78% of millennials and 64% of Generation X don’t have a will, assuming that this is a concern for later stages of life.