When we talk to clients about estate planning, one of the most common concerns is whether their final wishes will actually be followed after they’re gone. That concern is valid. Even the most carefully considered plans can fall apart if the documents aren’t legally sound or if loved ones misunderstand the intent behind them. We’ve seen too many families suffer through avoidable disputes simply because someone failed to clarify their instructions in writing. Ensuring your final wishes are honored is about more than just preparing a will—it’s about building a comprehensive plan that holds up under Illinois law.
In Illinois, the right planning tools can protect your assets, reduce family conflict, and make sure that your health care and end-of-life decisions are respected. A legally valid estate plan helps prevent confusion, reduces court involvement, and ensures the people you trust are legally empowered to act on your behalf. Whether you’re thinking about your property, your healthcare, or who should care for your children, it’s critical that everything is done correctly—and updated when life changes.
Your will is the foundation of your estate plan. Under 755 ILCS 5/4-1, a valid will in Illinois must be in writing, signed by the testator (you), and witnessed by at least two people who are not beneficiaries. If your will doesn’t meet these basic requirements, it may be declared invalid, and your estate could pass under intestate laws instead of according to your wishes.
Through your will, you can name beneficiaries, appoint an executor, and outline specific distributions of your property. However, a will only becomes effective after death and must go through probate, which can be a public and time-consuming process. That’s why additional documents are often necessary to fully protect your intentions.
A revocable living trust allows you to transfer assets during your lifetime and continue managing them while you’re alive. Upon death or incapacity, a successor trustee takes over. Unlike a will, a trust can bypass probate entirely and provide immediate control and privacy. According to 760 ILCS 5, Illinois recognizes various forms of trusts, and they are a powerful way to maintain control over how and when your beneficiaries receive your assets.
Trusts are especially helpful if you want to:
We use trusts often for clients with complex family dynamics or significant real estate holdings.
Your final wishes extend beyond your assets. That’s why Illinois law also allows you to assign decision-making authority through powers of attorney. Under 755 ILCS 45, the Illinois Power of Attorney Act, you can designate agents for healthcare and property decisions.
A Power of Attorney for Healthcare lets you name someone to make medical decisions if you become incapacitated. You can also include instructions about end-of-life care and organ donation. This document ensures your preferences are honored even if you can’t speak for yourself.
A Power of Attorney for Property gives someone the authority to manage your financial affairs, such as paying bills, handling investments, or selling property if needed.
Certain assets pass outside your will or trust, like retirement accounts, life insurance, and jointly held property. These assets follow beneficiary designations or titles, not the instructions in your will. That’s why we always tell clients to review and update those forms regularly. An outdated beneficiary designation can send assets to an ex-spouse or someone you no longer want to benefit.
Even the best legal documents can’t fix poor communication. We encourage clients to speak with family members and anyone named in their plan about what to expect. While it’s not always an easy conversation, it often prevents misunderstandings later.
Your estate plan should also be reviewed every few years or after any major life event, such as marriage, divorce, the birth of a child, or a major change in assets. A plan that is outdated may no longer reflect your true wishes.
If you die without a will, Illinois intestacy laws under 755 ILCS 5/2-1 determine how your estate is divided. Typically, assets go to your closest relatives, such as a spouse and children. If you have no immediate family, your estate may go to more distant relatives or even to the state. This process may not reflect your true intentions, which is why creating a will is so important.
Yes. A will can be contested in probate court, usually on grounds of undue influence, lack of capacity, or improper execution. Under 755 ILCS 5/8-1, a will contest must be filed within six months of the will being admitted to probate. That’s why it’s important to work with an attorney to ensure your documents are legally strong and that your intent is clearly expressed.
No. Verbal promises are not enforceable when it comes to distributing property after death. Illinois law requires estate documents to be in writing and meet specific legal standards. If you want something to be legally binding, it needs to be included in your will, trust, or another formal estate planning document.
A trust isn’t required, but it can offer benefits that a will cannot. While a will goes through probate, a properly funded trust avoids probate and can provide more control over how your assets are used. For example, you can delay distributions to your children or protect assets from creditors. Trusts are especially helpful for families with minor children, second marriages, or substantial assets.
You should have a Power of Attorney for Healthcare under 755 ILCS 45/4, which lets you appoint someone you trust to make medical decisions if you’re unable. You can also include a living will or specific instructions about end-of-life care. This ensures your wishes are honored and gives your family guidance during difficult times.
Yes. You can revise your will or trust at any time, as long as you are of sound mind. We recommend reviewing your estate plan every 3–5 years or whenever a major life event occurs. Keeping your plan current ensures that it continues to reflect your wishes and complies with any changes in the law.
At Orlowsky & Wilson, we help families create estate plans that truly reflect their values, protect what matters most, and minimize future conflicts. Your final wishes deserve to be respected, and we are here to ensure they are.
Contact our Lincolnshire estate planning lawyers at Orlowsky & Wilson (847) 325-5559 to schedule a consultation. We represent clients throughout Chicago.
