Chicago Testamentary Trusts Lawyer
A testamentary trust lets you leave instructions in your will for how an inheritance should be managed after your death. A Chicago testamentary trusts lawyer at KS Law Group can help you decide whether this approach fits your goals, choose a trustee, and write clear instructions for the people who will receive your property.
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Work With a Chicago Testamentary Trusts Lawyer
KS Law Group helps clients with wills, trusts, and other estate planning documents in Chicago, Cook County, the North Shore, surrounding suburbs, and communities throughout Illinois (IL). We listen to what you want the trust to accomplish and explain your options in plain language. You can discuss your plans with our team in English, Polish, or Italian.
A testamentary trust attorney can also help you consider how the trust will fit with the rest of your will. That matters because the trust is created through the will and begins to operate after your death.
What Is a Testamentary Trust?
A testamentary trust is a trust created under a will. The person whose will directs its creation is called the grantor or settlor. You write its terms while you are alive, but the trust does not take effect until after your death and the will has been admitted to probate. Unlike a living trust, a testamentary trust does not manage your property during your lifetime.
When Might a Testamentary Trust Be Useful?
A testamentary trust gives you more say in how an inheritance is handled after your death. It may help you:
- Provide for children over time. A trustee can manage their inheritance and make distributions according to the instructions in your will.
- Support a beneficiary without leaving everything at once. You can set out how the property should be used and when it should be distributed.
- Add protection against a beneficiary’s creditors. With appropriate terms, property held in the trust may have some protection from claims against the beneficiary.
- Consider tax planning opportunities. Depending on your estate and the trust’s structure, its terms may form part of a plan to address potential estate taxes.
- Plan for valuable property. If an inheritance includes a house or business interest, you can set out who should manage it and how it should be handled in the future.
The right terms depend on the property, the beneficiaries, and what you want to happen in the future. A testamentary trust lawyer can help you decide whether a trust is needed and how clearly your will must describe it.
A testamentary trust does not avoid probate: it is created through a will that must go through the probate process. If avoiding probate is one of your main goals, we can explain other estate planning options.
Our Team
KS Law Group has years of experience helping clients with a wide range of legal matters, from routine legal questions to complex and sensitive situations.
Arthur Szczypta
Attorney at law
Martin Kaczor
Attorney at law
Sergei A. Kuchinski
Of Counsel
Angelika Kukula
Paralegal
Vanessa Zentak
Team member
Aneta Malinowska
Team member
Kevin O’Brien
Team member
Why Work With a Testamentary Trust Attorney at KS Law Group?
A will must give the future trustee enough direction to carry out your wishes. Our attorneys help you make those decisions now, so the people handling your estate have clear instructions later.
Attention to Your Goals
We start with what concerns you: who will inherit, whether anyone needs help managing money, and when property should be distributed. We then consider whether a testamentary trust is the right way to address those concerns.
Clear Choices About the Trustee
The trustee may need to make decisions for years after the trust is created. We explain the role and help you think about whom to name, what authority that person should have, and whether to choose a backup.
A Will That Works as a Whole
The trust provisions must make sense alongside the rest of your last will and testament. We review how the will identifies beneficiaries, addresses property outside the trust, and names the people who will carry out its instructions.
A Conversation You Can Understand
You can ask questions in a private consultation at our office or online. Our team assists clients in English, Polish, and Italian and explains legal terms without making the conversation more complicated than it needs to be.
Free 30-Minute Consultation
Tell us what you want to plan for. During a free 30-minute consultation, an estate planning specialist at KS Law Group can answer your questions and explain the next steps.
Your Testamentary Trust Planning Process With KS Law Group
We guide you through the preparation of the will and its trust provisions one decision at a time.
Initial Consultation
We discuss your circumstances, your family or other intended beneficiaries, and what you want the trust to do.
Review of Property and Existing Documents
We consider the property you want to address and review any current will or other planning documents. This helps us identify how the proposed trust fits into your wider plan.
Trustee and Distribution Decisions
We help you choose a trustee and decide what instructions that person will need. We also discuss when and how beneficiaries should receive property.
Writing the Will
Our attorneys write the trust provisions into your will. The document explains who will manage the trust, who will benefit, and how distributions should be handled.
Review and Revisions
We go through the draft with you, answer questions, and revise any instructions that need to be clearer before signing.
Signing
We guide you through the steps required to sign the will properly in Illinois.
Future Updates
Your circumstances may change. While you are alive and able to make changes to your will, we can review it with you and help you update the plan if needed.
Other Legal Services at KS Law Group
KS Law Group also helps clients with legal matters beyond wills and trusts.
Frequently Asked Questions
A testamentary trust is written into a will and takes effect after the person who made the will dies. A living trust is created during that person’s lifetime. A testamentary trust cannot manage your assets for you while you are alive.
While you are alive and have the legal capacity to change your will, you can generally revise its trust provisions by properly updating the will. After your death, the trust is governed by the will’s terms and applicable law. It is sensible to review your plan when your circumstances change.
No. The trust is created through your will, so it does not keep that will out of probate.
You can name a person you trust to follow your instructions and manage property for the beneficiaries. Think about the work involved, the length of time the trust may last, and whether to name a backup if your first choice cannot serve.
No. It can also be used when you want property managed for another beneficiary rather than distributed immediately. The terms should reflect that person’s circumstances; plans for an elder beneficiary, for example, may raise different questions from plans for young adults.
Clear instructions may reduce misunderstandings, but no document can prevent every dispute, civil lawsuit, or trust litigation. We can help make your wishes clear in the will and explain which decisions deserve particular care.
Look for a lawyer specializing in estate planning who has experience setting up testamentary trusts. Choose someone who understands your goals and explains the process clearly.
Free Consultation
Discuss Your Situation With KS Law Group
Contact our Chicago office to explain your situation, ask initial questions and learn about possible next steps.
