Also known as “death taxes,” estate taxes are the taxes that must be paid on the transfer of assets upon death. They are separate from income taxes. Both the federal government and Illinois currently levy estate taxes. The Internal Revenue Service (IRS) imposes taxes on assets worth over $13.99 million per person in 2025. This is called the federal estate tax exemption. An individual can make gifts during life using the exemption; any portion of the exemption left over at death will offset estate taxes. Meanwhile, Illinois is one of […] The post How Can I Reduce the Overall Amount of Estate Ta ..read more

Dealing with the loss of a parent is never easy. In addition to the emotions involved, you may need to sort out the status of your parent’s estate. Perhaps your parent’s death is your first experience with wills and estate laws, adding to the challenge.  If your parent died without an estate plan, you may have questions about what will now happen to their assets and debts and how to handle all the financial loose ends. An experienced Naperville, IL estates and trusts attorney can advise you on the process […] The post What Happens if a Parent Dies Without an Estate Plan?  appeared fi ..read more

It can be painful and emotionally taxing to face a parent’s physical and mental decline. If you find yourself in this situation, you may be wondering if it is time to consider guardianship for an aging parent. Illinois guardianship laws seek to ensure “maximum self-reliance and independence” within the guardianship process while protecting the ward, as the disabled person in need of guardianship is called.  If your parent needs special assistance with daily or financial needs, an experienced Illinois estate planning attorney can help you decide whether this step is […] The post When is it ..read more

Following a person’s death, all their assets and property become part of an estate. An estate executor is the person who administers the estate. The executor’s specific role will vary depending on the estate and on whether or not the person who died, called the decedent, left a will.  Generally, the role includes the distribution of assets, payment of debts and taxes, and other important tasks related to settling an estate. There are certain requirements for who may be an executor, but most executors are usually family members. An attorney […] The post What Does an Estate Executor Do? app ..read more

Often when individuals consider estate plans, they think about planning for a person’s death. While the purpose of an estate plan is, to a large extent, to make a plan for disposing of assets following death, powers of attorney are an important element of an estate plan for the living. An experienced Illinois estate planning attorney can advise on how the power of attorney can work alongside the rest of your estate plan.  What is a Durable Power of Attorney? A durable power of attorney is an estate planning document […] The post How Do Powers of Attorney Complement an Estate Plan? appeare ..read more

Illinois high net-worth families have unique interests to consider when setting up their estate plans to protect their assets for the future of their families. This is particularly important because Illinois is one of the few states that have passed a state estate tax. Estates in Illinois are also subject to the federal estate tax. An attorney who understands the complexities of structuring high-net worth Illinois estate plans may suggest the formation of a Family Limited Partnership (FLP) as part of an estate plan. What is a Family Limited Partnership […] The post Why Make a Family Limited Pa ..read more

When creating an estate plan, one attractive option to consider is the creation of a charitable trust. A charitable trust is not only a way to leave a legacy and contribute through one’s estate to meaningful causes but also an important tax management and money-saving vehicle for your family. An Illinois trusted advisor can help you consider whether this estate planning tool is right for your family’s future.  What Is an Illinois Charitable Trust? A charitable trust is an element of an estate plan that gives the grantor an opportunity […] The post What Are Benefits of Establishing a Chari ..read more

HB 1268 amends the Probate Act of 1975, providing that a person who has been convicted of a felony is qualified to act as an executor of an estate if: The bill’s sponsor stated during Senate debates that individuals who have committed a felony and served their time should be allowed to help their families. A person chosen to serve as an executor following incarceration for a felony must be at least 18 years of age and must not be unsound in mind or body. Another Senator argued against the […] The post What Is the Amendment to the Probate Act of 1975? | IL appeared first on Gierach Law Firm ..read more

Estate planning is a necessary consideration for people from all walks of life. While some estate planning issues relate to everyone, those with a high net worth may have additional issues to consider to ensure full protection for themselves and their loved ones. Because larger, more complex estates are more likely to be exposed to business conflicts, family issues, creditors, and estate taxes, extra planning steps are necessary to mitigate these risks. If you have a high net worth and are considering your estate plan, having knowledgeable legal assistance can […] The post How Does Net Worth A ..read more

Estate planning is rarely ever a “one-and-done” task. Estate plans must be revisited whenever there is a significant change in your life, including marriage, divorce, birth, a change in financial status, or a change in residence. Estate plans should also be updated when federal or state laws change. The Tax Cuts and Jobs Act of 2017 includes exemptions that expire in 2026. Under the TCJA, the lifetime estate and gift tax exemptions were significantly increased, but they will expire on January 1, 2026, unless new legislation leaves them in place. […] The post Why Should You Prepare Now for 2026 ..read more