Estate Planning in Chicago, IL
What is Estate Planning?
At Law Offices of Garrido & Stoppa, P.C., we help Chicago families with comprehensive estate planning.
Many people think estate planning is just about creating a will or trust to decide who gets their property after they pass away. While that is an important part, it’s only one piece of the puzzle.
A truly effective estate plan goes further. Perhaps the most critical aspect is planning for incapacity. What happens if illness, injury, or cognitive decline prevents you from making your own financial or medical decisions? Through Financial Powers of Attorney and Healthcare Powers of Attorney, you can name trusted people to step in and handle those choices on your behalf—while you’re still alive and able to make those decisions yourself.
In short, estate planning is the process of putting legal arrangements in place to manage and protect your assets during your lifetime and ensure they pass to your loved ones according to your wishes after you’re gone.
What Happens if I Don’t Have an Estate Plan?
Believe it or not, you already have an estate plan—it's just the one created by Illinois state law.
When someone dies without a will or trust, they are considered “intestate.” That means the state decides how their property is divided, usually among the closest relatives according to a fixed order (spouse, children, parents, siblings, etc.).
The problem? This default plan often doesn’t match what the person would have wanted. Assets might go to relatives they hadn’t spoken to in years, skip over someone they cared about deeply, or even cause family conflict and expensive court battles. And if you become incapacitated without proper documents, the court might appoint someone you wouldn’t have chosen to make decisions for you.
That’s why it’s so important to create a custom estate plan—one that reflects your specific wishes for your property, your loved ones, and your future care.
What are the Main Decisions I Need to Make?
Estate planning boils down to two key questions: Who gets what? and Who will handle things for you?
1. Who will be your beneficiaries? A beneficiary is the person, organization, or charity who receives some or all of your assets. You’ll decide how your property is divided—whether it’s to family members, friends, a favorite charity, or a combination.
You should also plan for “what if” scenarios. If a primary beneficiary passes away before you, what happens to their share? Do you want it to go to their children (your grandchildren), be divided among your other primary beneficiaries, or go to someone else entirely? These contingency choices help ensure your wishes are carried out no matter what.
2. Who will serve as your fiduciaries? A fiduciary is the trusted person or entity you appoint to carry out important roles, such as:
- Executor (manages your estate after death)
- Trustee (oversees a trust)
- Agent under a power of attorney (handles finances or healthcare if you’re incapacitated)
- Guardian (for minor children, if applicable)
You can name one person for all roles or choose different people for different tasks—for example, one trusted family member as executor/trustee and another as your healthcare decision-maker.
It’s also essential to name alternates or successors in case your primary choice is unable or unwilling to serve. These are the people who will step in to follow your instructions, so choosing them carefully is one of the most important parts of your estate plan.
Do I Need an Attorney to Plan My Estate?
Yes—working with an experienced estate planning attorney makes all the difference.
Our attorneys at Law Offices of Garrido & Stoppa, P.C. will help structure and implement your estate plan exactly according to your wishes and needs—in the most efficient, effective, and legally sound way possible. Most importantly, when it comes time to sign and finalize your documents, we ensure everything is done correctly, with the proper witnesses and formalities required by Illinois law.
You might think signing a will or trust is straightforward, but Illinois has strict rules about how documents must be executed to be legally valid. If the signing process isn’t done precisely right, a will can be challenged or even declared invalid. And if that happens, it’s the same as having no plan at all—the state’s intestacy laws take over, and your property is distributed according to default rules instead of your intentions.
While do-it-yourself estate planning kits and online packages may seem like a bargain compared to hiring an attorney, they often lead to serious problems down the road: costly court challenges, family disputes, unnecessary delays, confusion about your wishes, and even tax-inefficient transfers. What looks like savings upfront can turn into far greater expense and stress for your loved ones later.
The right professional guidance now protects your family and gives you peace of mind for the future.
What Information do we Need to Start Your Estate Plan?
Getting started is easy—we just need some basic details about you, your family, your assets, your desired beneficiaries, and who you’d like to name as fiduciaries (executors, trustees, agents, guardians, etc.).
To help you organize this information quickly and privately, we’ve created three free tools:
- Chicago Attorney’s Guide to Trusts for Seniors (2026 Edition) Our plain-language guide to revocable living trusts, Medicaid asset protection, Illinois rules, and planning ahead. Perfect for reading before you begin. Download the FREE Guide (PDF)
- Married Couples Estate Planning Questionnaire Tailored questions for married individuals—print, fill out at your own pace, and return to us. Download Married Questionnaire (PDF)
- Unmarried/Single Estate Planning Questionnaire Designed for single individuals—same easy process. Download Unmarried Questionnaire (PDF)
How to get started:
- Download and print the appropriate questionnaire (or both if you're unsure).
- Complete as much as you can—skip or cross out anything not applicable.
- Email the finished form(s) to NWLegal@sbcglobal.net or bring them to your consultation.
- One of our attorneys will review what you send and contact you to discuss next steps—no obligation, no pressure.
Ready to protect your legacy and give your family peace of mind? Call us today at (773) 594-2870 or reply to this page/email to schedule a no-cost initial conversation.