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Recent Blog Posts
Cancer and Estate Planning: How Families in Illinois Can Prepare for the Unexpected
A cancer diagnosis changes everything. In addition to managing a loved one’s medical treatment, many families suddenly face questions about the future: How will assets be managed if your loved one becomes too ill? Who will make medical decisions? What will happen to everyone else if your loved one passes away?
While these are difficult topics, careful estate planning provides peace of mind and control during frightening and uncertain times. At Gateville Law Firm, our Plano, IL estate planning attorney has more than 20 years of experience helping families prepare for the unexpected. We offer free consultations to help you create a plan that protects both your health care wishes and your financial security.
Powers of Attorney for Health and Property
Cancer treatment can involve long hospital stays, surgeries, or medications that leave patients unable to manage daily responsibilities. In Illinois, two essential tools allow trusted people to step in if needed:
Protecting Your Nest Egg from Your Heir’s Creditors with Retirement Trusts
Saving for retirement takes most people decades of careful planning, and many people hope to pass on whatever is left of their nest egg to their children or grandchildren. But what happens if your heir faces financial trouble, such as overwhelming debt, a bankruptcy filing, or even a lawsuit? Without protection, the assets you leave behind may be at risk.
One solution is creating a retirement trust. This type of trust allows you to protect your hard-earned savings so that your beneficiaries can enjoy long-term benefits without the danger of losing those funds to creditors. Call a Sugar Grove, IL estate planning lawyer to learn more.
What Is a Retirement Trust?
A retirement trust is a specialized form of trust designed to receive retirement account assets such as IRAs and 401(k)s after your death. Rather than paying those funds directly to your heirs, the retirement account is transferred into the trust, where a trustee manages distributions according to your instructions.
Illinois Real Estate Asset Protection for Real Estate Investors
Real estate can be a smart investment, but it also comes with risks. Tenants can sue, creditors can file claims, and accidents on the property can expose you to liability. For investors in Illinois, protecting real estate assets is just as important as acquiring them. Without proper planning, one lawsuit could put years of hard work and investment at risk.
If you own or plan to invest in property anywhere in Illinois, understanding real estate liability and asset protection strategies can help safeguard your financial future. With more than 20 years of experience, our Aurora, IL estate planning and asset protection attorney provides guidance to help investors avoid unnecessary risks. We offer free consultations.
How to Protect Out-of-State Property with a Living Trust
Owning a vacation home in another state can be a dream come true for a family. Whether you spend summers in Wisconsin, winters in Florida, or holidays at a cabin in Michigan, having a second home creates lifelong memories. But what many families do not realize is that an out-of-state property can complicate matters significantly if it has to go through probate after the owner passes away.
At Gateville Law Firm, our Yorkville, IL estate planning attorney has over 20 years of experience helping clients preserve real estate wealth and protect their families. We offer free consultations to review your estate plan and explain how tools like living trusts can keep your property safe from unnecessary court involvement.
Why Probate Is a Problem for Out-of-State Homes
When you own real estate outside of Illinois, your estate faces a particularly challenging scenario upon your death. While your Illinois-based assets may go through probate in Kendall County, any out-of-state real property must undergo ancillary probate in the state where it's located. This means your family could be dealing with probate proceedings in multiple jurisdictions simultaneously.
Top 3 Estate Planning Mistakes for Seniors and Retirees
As retirement approaches, many people in Illinois begin to think more seriously about what will happen to their property, finances, and medical care in the future. Estate planning gives seniors and retirees a way to protect their wishes and provide for their loved ones. Unfortunately, some common mistakes can put those plans at risk. Avoiding these mistakes can make the difference between an easy property transfer and confusion or conflict.
At Gateville Law Firm, our Sugar Grove, IL estate planning lawyer has free consultations for those who want to create or update their estate plans. With careful guidance, you can get the peace of mind you need without these common errors.
Estate Planning Mistake 1: Not Updating an Old Will or Trust
One of the biggest estate planning mistakes is leaving documents unchanged for years. A will or trust that was written when your children were young or before you retired may no longer reflect your current situation. Major life events such as the death of a spouse or a second marriage can all affect your estate plan. Seniors often find that old estate plans accidentally leave out loved ones or divide property in ways that no longer make sense.
What Is a Bond in Lieu of Probate?
When someone dies, their property often becomes tied up in the probate process. Probate is the legal procedure for transferring assets to beneficiaries. It can be time-consuming and costly. Families in Illinois sometimes look for alternatives to make the process faster, and one such option is a bond in lieu of probate.
With over 20 years of experience, the Kane County estate planning attorney at Gateville Law Firm understands how important it is for families to avoid probate. We can help you explore your options for avoiding probate, including bonds in lieu of probate, to reduce costs and delays after a loved one passes away.
What Is Probate? Can You Avoid It?
Probate in Illinois is the process of proving a will, appointing an executor, and distributing property. While it provides important protections, probate can last months or even years, depending on how complex an estate is. During that time, heirs may be unable to sell or refinance property, and legal fees reduce the value of the inheritance.
Is a Basic Living Trust Enough, or Do I Need a Comprehensive Wealth-Building Living Trust?
Many people create a living trust because they want to avoid probate and make things easier for their loved ones. A basic revocable living trust can accomplish that goal. But if you own significant real estate, have multiple investments, or want to focus on long-term wealth preservation, a more comprehensive wealth-building living trust may be the better choice.
As of September 2025, Illinois estate planning law is structured to allow families to use either a simple revocable trust or a more detailed, layered trust designed to protect and grow assets over time. Choosing the right option depends on your personal goals and the complexity of your financial picture. Regardless of the type of trust you need, our Yorkville, IL estate planning attorney has the experience to guide your decision-making.
What Does a Basic Living Trust Do?
A revocable living trust is a document that allows you to transfer your assets into a trust while maintaining control of the assets during your lifetime. You act as the trustee, meaning you manage your property as you normally would. Upon your death, the successor trustee you have chosen distributes the assets according to your instructions.
Top 5 Estate Planning Mistakes Healthcare Professionals Make
Healthcare professionals like nurses, physicians, and advanced practitioners are often so focused on caring for others that they overlook their own retirement and estate planning. Many work long hours, earn stable incomes, and accumulate valuable assets like retirement accounts, real estate, and pensions. However, without proper planning, those assets can be lost to taxes, probate court, or poor decision-making in retirement.
If you live or work in Illinois, here are the top five mistakes healthcare professionals make when preparing for retirement and what you should do instead. Work with our Montgomery, IL wills and trusts attorney for healthcare professionals and avoid making these mistakes when you plan for your future.
Mistake 1: Delaying Estate Planning or Only Having a Simple Will
Many professionals assume that a will is enough, or they delay estate planning altogether. But a will alone does not avoid probate court. If you become incapacitated or pass away without a trust-based plan, your family may face costly court delays, legal fees, and unnecessary stress.
PLLCs vs. LLCs: Who Should Have a Professional LLC?
If you are a licensed professional in Illinois, you may be wondering whether you should form a Professional Limited Liability Company (PLLC) rather than a standard Limited Liability Company (LLC). Illinois has specific rules for certain regulated professions, and choosing the wrong entity type can cause costly delays or even prevent you from registering your business properly.
Understanding the right business structure of your practice is an important part of protecting yourself and helping your professional practice thrive. Call our Kendall County business law attorney today to learn more about PLLCs and whether you could benefit from one.
What Is a Professional LLC (PLLC)?
A PLLC is a type of LLC designed for professionals who provide services that require a state license. In Illinois, if you hold a professional license, such as in medicine, law, or accounting, you may be required to form a PLLC instead of a traditional LLC.
Estate Planning and Asset Protection for Law Enforcement Officers
Law enforcement professionals put themselves at risk every day to serve and protect their communities. While much of the focus is on safety in the field, one often overlooked area is legal and financial protection off-duty, especially when it comes to privacy, liability, and long-term planning.
At Gateville Law Firm, our Oswego estate planning attorney works with officers throughout Kendall County and surrounding areas to develop customized estate plans and asset protection strategies. For those in high-risk professions like law enforcement, proactive planning is not a luxury; it is a necessity.
Why Estate Planning Is Critical for Law Enforcement
Many officers delay estate planning because it feels too complicated or not urgent. But in reality, your job increases the likelihood of unexpected events. A proper estate plan ensures that:
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"Sean's team is knowledgeable, responsive, and dedicated to ensuring clients feel confident in their decisions. Sean & Connie take the time to answer questions thoroughly, making complex legal matters easy to understand."
In Service of Your Wealth
If you own assets with a value in excess of $1 million, it is crucial to take steps to ensure that your wealth will be preserved and passed on to future generations. Failure to do so could lead to financial losses due to lawsuits, actions by creditors, or other issues. You will also need to be aware of potential estate taxes that may apply at both the state and federal levels. When working with our attorneys, you can make sure your wealth will be properly preserved.
Our estate planning team can provide guidance on the best asset protection options that are available to you. With our help, you can reduce the value of your taxable estate to ensure that more of your wealth will be preserved for future generations. We can also help you use asset protection trusts or other methods to make sure your property will be safeguarded. Our goal is to provide you with assurance that your family will be prepared for whatever the future may bring.
Blog
The Truth About Wills, Trusts, and Avoiding Probate
Posted on December 1, 2025 in Estate Planning
Second Marriages, First Mistakes: How Joint Tenancy and Poor Planning Can Disinherit Your Children
Posted on November 30, 2025 in Estate Planning
Why Every Illinois Educator Needs an Estate Plan
Posted on November 24, 2025 in Estate Planning
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201 East Veterans Parkway, Suite 14
Yorkville, IL 60560
630-780-1034
