As flowers bloom and the days grow longer, many of us embrace spring as a season of renewal – and not just for our closets and garages. Spring is also the perfect time to dust off and update your estate plan and make sure it still reflects your wishes.
May is National Older Americans Month, a time to celebrate the wisdom and contributions of older adults and to plan ahead for the future. If you haven’t reviewed your will or trust in a few years, spring is the perfect time to do it—and not just for peace of mind. A current and well-crafted estate plan is one of the best ways to help your family avoid costly, time-consuming probate.
Outdated or incomplete estate plans are a leading cause of probate problems. When wills are unclear, beneficiaries are missing, or assets aren’t properly titled, your estate may wind up in Illinois probate court, where the process can take months (or even years) and rack up thousands in legal fees.
Probate is public, slow, and stressful. A good estate plan – kept up to date – can spare your loved ones the burden of court delays, family disputes, and added costs. Even small updates, like correcting a beneficiary or retitling a bank account, can make a big difference in avoiding probate complications.
(To Help You – and Your Family – Avoid Probate Headaches Later)
✅ Review Your Beneficiaries
Wills and trusts should clearly name current beneficiaries. Are there any new grandchildren? Has someone passed away or divorced? Outdated names can lead to probate disputes.
✅ Check Your Executor or Trustee
Is the person you named still able to serve? Courts may step in if your choice is no longer available – leading to delays and family tension. Consider naming a backup.
✅ Update Your Asset List
Are all of your assets accounted for in your estate plan? Unlisted property may have to go through probate. Make sure real estate, financial accounts, and digital assets are included.
✅ Verify Account Titling
Joint accounts, transfer-on-death (TOD), and payable-on-death (POD) designations can help bypass probate – if used correctly. An estate planning attorney can review and adjust these.
✅ Update Powers of Attorney and Healthcare Directives
Without these, your loved ones may need to go to court to make financial or medical decisions for you—something that can be easily avoided with proper planning.
✅ Review for Legal and Tax Changes
Illinois estate and probate laws change. Our team ensures your documents comply with the latest requirements and take advantage of any available probate-avoidance strategies.
Probate is more than just a legal process – it can be a burden during a time of grief. When you review and update your estate plan this spring, you’re protecting your loved ones from avoidable court involvement, legal expenses, and emotional strain.
Answer:
Keeping your estate plan current ensures that your assets are titled properly, your will is legally valid, and your beneficiaries are clearly named. These details help your estate pass smoothly to your heirs—often without court involvement. Outdated documents or missing information can send your estate through Illinois probate court, causing unnecessary delays, legal fees, and emotional stress for your loved ones.
Answer:
If your estate plan is outdated, your will may no longer reflect your current wishes, or assets could be left out entirely. This can result in disputes among family members, assets getting tied up in probate, or even the wrong people inheriting your estate. A spring check-up helps catch these issues early and ensures your plan is solid, reducing the chance your loved ones will face a costly, drawn-out court process.
Answer:
Absolutely. Small updates—like adding a new grandchild as a beneficiary or properly titling your home or bank accounts—can make a big difference. These changes help your assets transfer directly to heirs without going through probate. Without them, even a minor oversight can trigger probate delays and added expenses. Regularly reviewing these details is one of the simplest ways to protect your family’s time, money, and peace of mind.
👉 What Happens If Someone Dies Without a Will?
👉 When Should You Contact A Probate Attorney?
Let this season of renewal be the time you protect your legacy and simplify your family’s future. Our experienced estate and probate attorneys will guide you step-by-step through a comprehensive estate plan review.
📞 Call us today at (630) 864-5835 or
📩 Schedule a consultation online
Let’s make sure to update your estate plan to keep your family out of probate court – and on the path to peace of mind.
✔️ We serve clients throughout Cook, DuPage, Kane, Kendall and Will counties in Illinois and can help you protect your inheritance and legacy.
✔️ At Estate & Probate Legal Group, we help families in Oak Brook and throughout the Chicago area create smart, customized plans that reduce or eliminate the need for probate.
