Estate Planning Attorney Downers Grove
Give Your Estate Plan a Clear Direction
Make thoughtful decisions about your property, your family’s needs, and who can act on your behalf if you become incapacitated
A well-structured estate plan can clarify what happens to your assets and who can act on your behalf when circumstances change. Tuohy Law Offices helps Downers Grove families explore living trusts and other planning options based on what they own and whom they want to provide for.
Tuohy Law Offices
What should your estate plan address?
Your plan should reflect your family’s circumstances, the assets you’ve accumulated, and the people you want to provide for. For Downers Grove homeowners, that may include deciding how a home should pass to children or other beneficiaries. Other families may need to plan for a privately owned business, prepare for a period of incapacity, or provide for a loved one with a disability.
Different legal documents address different needs. A living trust can provide instructions for managing and distributing assets placed in the trust. A power of attorney can authorize people you choose to handle certain financial or health care matters on your behalf under the conditions set out in those documents.
The goal is to put your wishes in writing and give the people you trust clearer instructions to follow. Tuohy Law Offices helps families understand their options and identify planning steps that fit their circumstances.
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How can a living trust help manage and transfer your assets?
A living trust is a legal arrangement that allows you to place assets under the management of a trustee according to instructions you establish. It can serve several purposes within an estate plan, including:
- Reducing the need for probate Probate is the court-supervised process used to settle certain assets and obligations after someone dies. Depending on the estate, it can involve identifying property, addressing debts, filing required documents, and distributing assets to beneficiaries. Assets held in a properly funded living trust can generally pass to beneficiaries without going through probate. That can give your family a more private way to handle those assets and reduce the need for court involvement. However, a trust does not automatically protect every asset from probate. Property that remains outside the trust may still require probate or another transfer process.
- Coordinating your home and other property For Downers Grove homeowners, deciding how real estate should be held is an important part of estate planning. A home titled in your individual name may be handled differently from one transferred to a living trust or owned jointly with another person. The outcome depends on the title, the ownership arrangement, and the applicable law. Creating a trust document is only one part of the process. The trust generally needs to be funded, which means transferring appropriate assets into its ownership and coordinating other assets with the overall plan. Your attorney can help you determine which property should be transferred and what other steps may be needed.
Does a living trust fit your needs?
A living trust may be worth considering if you own real estate, want to provide instructions for managing assets if you become incapacitated, or prefer to arrange how trust property will pass to your beneficiaries. It is not inherently necessary for everyone, and the right approach depends on your assets, family situation, and goals.
A will can still serve an important role alongside a living trust, including addressing certain property outside the trust and naming guardians for minor children. Reviewing both documents as part of one estate plan can help identify gaps and clarify how your wishes should be carried out.
Tuohy Law Offices can explain how a living trust may fit your circumstances and help you understand the steps involved in putting an estate plan in place.
Estate planning services for Downers Grove families
Tuohy Law Offices helps Downers Grove families address different aspects of estate planning, from organizing asset transfers to preparing for future financial and health care decisions. Our services include:
Living Trusts
Create a plan for managing trust assets during your lifetime and directing their distribution to beneficiaries.
Wills
Establish instructions for distributing property, naming guardians for minor children, and addressing matters not covered by a living trust.
Power of Attorney
Designate trusted individuals to handle specified financial or health care decisions under the conditions according to your explicit instructions.
Probate
Help families address court requirements, estate paperwork, and the distribution of assets after a loved one’s death.
The appropriate services depend on your circumstances and the goals you want your plan to accomplish.
How can we plan for a loved one with special needs?
Families who provide for a child or another loved one with a disability may have specific planning considerations. A special needs trust can hold assets for a beneficiary while accounting for public-benefit eligibility rules that may apply to that person’s circumstances.
For example, if a child with a disability receives needs-based benefits such as Supplemental Security Income (SSI) or Medicaid, an inheritance paid directly to them could affect their eligibility because those programs have financial eligibility rules.
A properly structured special needs trust may allow assets to be held and managed for the beneficiary’s benefit without automatically counting as assets owned directly by them. The outcome depends on how the trust is established, funded, and administered, as well as the rules of the specific benefit program.
Our attorneys can help families understand these considerations and determine whether specialized trust planning may be appropriate for their circumstances.
Why Downers Grove residents trust us with their estate planning
Since 1982, Tuohy Law Offices has helped Illinois families put estate plans in place to address their assets, family responsibilities, and long-term wishes. Our qualifications and track record includes:
- Over 8,000 living trust plans prepared We’ve prepared more than 8,000 living trust estate plans, helping families plan for asset management and the transfer of property to beneficiaries.
- More than $2.5 billion in assets preserved Our firm has helped preserve more than $2.5 billion in assets for clients through tailored estate planning.
- Experience representing small businesses Our team has represented hundreds of small businesses, including businesses navigating legal matters that may affect their operations and long-term plans.
- Martindale-Hubbell AV rating and highly rated Avvo profile Tom Tuohy carries a Martindale-Hubbell AV Preeminent® rating and a top Avvo profile, reflecting high peer acclaim and an uncompromising standard of client advocacy.
Estate planning discounts for those who serve
Tuohy Law Offices’ Service to Those Who Serve program recognizes eligible individuals who dedicate their time to serving others by offering a reduction in estate planning fees. For qualifying Downers Grove residents, the program may make it easier to take the next step toward establishing a living trust and addressing other important planning needs. Contact the firm to ask about eligibility, available savings, and the documents that may fit your circumstances.
Hear from Downers Grove families who have worked with Tuohy Law Offices
Choosing an estate planning attorney means trusting someone with decisions that affect your family and your assets. Read what clients have shared about their experiences with the firm.
I am proud to state that Tom Tuohy has been my valued friend and legal counsel for more than 35 years. He has compassionately represented countless individuals and families throughout Illinois. I consider Tom Tuohy one of Illinois’ finest attorneys who can be relied on and trusted.
I have known of Tom Tuohy’s reputation for a long time through my responsibilities as Police Superintendent of the Chicago Police Department. When the time came to take care of my family business and my personal and business affairs, I knew exactly who I would retain.
Our experience with Tom Tuohy was five stars, from the moment that we walked into his office and meeting his staff and then talking to Tom it felt like we were with friends. My wife and I have been wanting to get our estate planning done for many years, and we were happy that we found Tuohy Law to have it completed finally. Thank You.
Frequently Asked Questions
Where can Downers Grove residents meet with a lawyer from Tuohy Law Offices?
Tuohy Law Offices has one office, located in Oakbrook Terrace, Illinois, serving Downers Grove families and clients throughout the surrounding communities. We do not have a separate office in Downers Grove. If traveling to the office is inconvenient, virtual appointments are also available. Contact the firm to discuss your estate planning needs and arrange a consultation that works with your schedule.
Can I name someone other than my spouse to manage my living trust?
You can name another person or a qualified institution as successor trustee, subject to applicable law and the trust’s terms. Your choice should reflect the responsibilities involved, the person’s ability to manage financial matters, and your confidence in their judgment. You should also consider naming a backup in case your first choice cannot serve.
What happens if a beneficiary dies before I do?
It depends on your trust’s terms and the applicable law. Your documents may specify whether that beneficiary’s share passes to their children, another named beneficiary, or someone else. Reviewing these provisions can help you address your preferences rather than leave the outcome to default rules.
Can I create an estate plan if I own property with someone else?
Yes, but the ownership arrangement matters. Property held jointly may pass according to the terms of the title or applicable law, which can affect how it fits into your estate plan. Before transferring jointly owned property to a trust or changing ownership, you should review the legal and practical consequences with an attorney.
Discuss your estate planning options with our team
You may already have an idea of what you want your estate plan to accomplish, or you may still be weighing your options. A conversation with Tuohy Law Offices can help you identify the decisions that need attention and understand how a living trust and other planning tools may fit your circumstances.
Prefer to talk with someone directly? Call (312) 559-8400
