Wheaton Estate Planning Attorneys

DuPage County Lawyers for Wills, Trusts, and Probate

Planning for the future is crucial for every person and family. By taking the time to create an estate plan, you can protect your assets and make sure you and your loved ones will be provided for. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work to help our clients create comprehensive estate plans that provide them and their families peace of mind. Our experienced attorneys offer a full range of estate planning services, and we can also assist with estate administration, including navigating the probate process and handling contested estates.

Creating Wills

A will is one of the most fundamental components of any estate plan. When you create a last will and testament, you will outline how your assets will be distributed to different beneficiaries after your death. You can also appoint guardians for minor children and designate an executor who will manage your estate. Our attorneys can work closely with you to draft a clear, legally sound will that accurately reflects your wishes. We ensure that your will is properly executed and meets all legal requirements, minimizing the potential for disputes in the future.

Establishing Trusts

Trusts are versatile estate planning tools that can provide significant benefits, including asset protection, tax savings, and control over the distribution of your assets. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help establish various types of trusts, such as:

• Revocable living trusts: These trusts allow you to manage your assets during your lifetime, use them to address the needs of yourself and your loved ones, and provide instructions for how they should be distributed after your death. Revocable living trusts can allow for a faster and more private transfer of assets to your beneficiaries.
• Irrevocable trusts: Once established, these trusts cannot be modified or revoked. They offer benefits such as asset protection and potential tax advantages, and they can be used to address specific estate planning goals.
• Special needs trusts: These trusts can be used to provide financial assistance to a disabled beneficiary without jeopardizing their eligibility for government benefits.
• Charitable trusts: To effectively donate your assets to charity, you may create charitable lead trusts or charitable remainder trusts. This can ensure that your assets will be used correctly while also providing for your and your family's needs.

Advance Directives

Planning for potential incapacity is a critical aspect of a comprehensive estate plan. Advance directives allow you to make decisions about your medical care and financial affairs in advance, ensuring that your wishes will be honored if you are unable to communicate them. Directives that can provide benefits for you and your family may include:

• Living wills: You can take steps to outline your preferences for medical treatment if you become incapacitated and are diagnosed with a terminal medical condition. With a living will, you can specify your wishes regarding life-sustaining treatments, resuscitation, and other critical healthcare decisions related to the end of your life. Our attorneys will help you draft a living will that clearly communicates your desires, providing guidance to your loved ones and healthcare providers.
• Powers of attorney: These documents allow you to name a trusted person who will be able to make decisions on your behalf if you are unable to do so. There are two main types of powers of attorney that address healthcare and financial issues. A power of attorney for healthcare will allow a family member or someone else you trust to make decisions about your medical care, including treatments, medications, hospitalization, and other issues that may affect your health and well-being. A power of attorney for property will give someone the authority to manage your financial affairs. Powers of attorney provide a great deal of flexibility, and they can offer assurance that your wishes will be followed if you become incapacitated due to an illness or injury.

Estate Administration

Following the death of a loved one, the executor or personal representative of their estate will address issues related to their final affairs. Administering an estate can be a complex and time-consuming process, and it will involve filing a will and other paperwork in probate court, inventorying and appraising the estate's assets, paying debts and taxes, and distributing assets to beneficiaries. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we provide compassionate, efficient legal help during the probate process. We can assist an executor who has been named in a person's will, helping them complete their duties. In cases where a deceased person did not have a will, we can work to ensure that their assets will be distributed according to Illinois law.

We can also provide representation during probate litigation and address concerns related to contested wills or estates. Our attorneys can work with executors or beneficiaries to resolve disputes related to the validity of a will, allegations of fraud or undue influence, disagreements among beneficiaries, or claims against the estate by creditors. We strive to resolve these disputes efficiently, protecting our clients' interests and working to ensure that the deceased person's wishes will be followed.

Contact Our Wheaton Estate Planning Attorneys

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work to help clients in Wheaton and DuPage County prepare for the future with confidence. With our comprehensive estate planning services, we can help you protect your assets and provide for the needs of yourself and your loved ones. As you take steps to create or update your will, establishing different types of trusts, or administer a loved one's estate, our experienced lawyers are here to help. Contact us today at 630-665-7300 to schedule a consultation and learn more about how we can assist with issues related to estate planning and probate.