Monahan Law Group, LLC

Leaving everything to the kids? Maybe reconsider.

2026-11-10T00:02:14Z

Many parents assume their children will want to inherit their possessions, from valuable family heirlooms to everyday household items. However, leaving everything to your children may create more stress than you realize. The truth is that your children probably do not want every item you have accumulated over the years. They may lack the space to keep everything or simply have different tastes. Yet, when those possessions come from a deceased parent, deciding what to keep and what to discard can become an emotional burden.

Have conversations about what matters

When creating your estate plan, consider talking to your children about which possessions they genuinely want to inherit. These conversations should go beyond major assets such as your house, car or valuable jewelry. What about the 60-piece dinnerware set you received as a wedding gift? The collection of porcelain cats you have gathered over the years? Or the paintings you created after taking up art classes in retirement? These items may hold wonderful memories for you, but that does not necessarily mean your children will want to keep them. Without an honest conversation, your children may feel obligated to hold onto possessions they neither need nor want. Rather than donating them to someone who would appreciate them, they might spend years storing boxes in an attic, garage or basement. Unwanted inheritances can even create tension within families, particularly when one person feels compelled to display an inherited item while their spouse would prefer not to.

Consider downsizing your possessions now

Discussing your wishes while you are alive gives you an opportunity to reassure your children that they can donate, sell or give away items without feeling guilty. You might also decide to start downsizing now. Consider giving meaningful possessions directly to family members who want them, donating unwanted items to charity or selling things you no longer use. Moving into a smaller home or assisted living facility can also provide a natural opportunity to sort through your belongings. For particularly valuable or sentimental possessions, documenting your wishes in your estate plan can help prevent confusion or disagreements later. Estate planning involves more than deciding who receives your financial assets. It also means considering the practical and emotional responsibilities you leave behind. Having these conversations now can make settling your estate easier for your executor and spare your loved ones difficult decisions during an already emotional time.

Can you get emergency guardianship for a parent with dementia?

2026-10-28T18:24:44Z

Your dad’s memory has been slipping for months, and a memory care facility has a room for him, but staff need someone with legal authority to sign him in. With a regular court date possibly weeks away, it helps to know the faster option Illinois offers.

Illinois allows temporary guardianship in emergencies

A guardian is a person a court appoints to make decisions for someone who can no longer make them safely. Under Illinois temporary guardian rules, a judge may appoint one before the full hearing to protect your parent, but you should first check whether you need court at all.

A power of attorney may make court unnecessary

If your parent signed a power of attorney (POA) while able to understand it, the named agent may already have authority to act. Because state guidance treats guardianship as a last resort, reviewing existing documents is a key early step in adult guardianship cases in Illinois. Without a valid POA, the court will want proof that waiting is risky.

Judges need proof of immediate harm

A dementia diagnosis alone does not justify a temporary guardian, since the judge must find actual harm, such as wandering or missed medications. The central question is whether your parent can still make or communicate responsible decisions.

Your petition should list every power you need

A temporary guardian holds only the powers listed in the order. A guardian generally cannot move your parent into a residential facility, such as memory care, unless the order allows it, so you should request that authority in your petition. Your parent’s wishes should guide decisions unless following them would cause substantial harm.

Temporary guardianship usually ends within 60 days

The order expires within 60 days or once the court appoints a regular guardian, although a judge may extend it while a full petition is pending, generally up to 120 days from the original appointment. Your parent usually receives at least three days’ notice of the hearing and may ask the court to end the appointment.

Long-term planning protects your parent

Emergency guardianship can shield a parent with dementia from real harm, but it requires proof, grants narrow powers and is short-lived. Gathering documents now and speaking with a guardianship attorney can help you decide whether a POA, a temporary order or a full guardianship best protects your parent.

Where should you keep your estate plan and documents?

2026-10-26T23:36:15Z

Creating an estate plan is an important step toward protecting your loved ones. However, even the most carefully prepared plan won't do much good if nobody can find the documents when they're needed. Missing documents can create unnecessary confusion, delays and stress for a family that's already grieving.

Your will, trusts, powers of attorney and other important documents need to be protected from damage, theft and loss. Just as importantly, the right people need to know where to find them when the time comes.

What could happen to your documents?

You don't have to experience a major disaster to lose important paperwork. A small house fire, burst pipe or flooded basement could easily destroy documents stored in a desk drawer or filing cabinet. Natural disasters pose similar risks. In Chicago and throughout Illinois, severe storms, flooding and tornadoes can cause significant property damage. Even a waterproof filing cabinet may not offer enough protection if your home suffers extensive damage.

Where should you store your estate plan?

There are several options worth considering, each with its own advantages and drawbacks:

A fire-resistant, waterproof home safe: This keeps your documents close at hand while offering protection against common household emergencies. Make sure someone you trust knows how to access it.
A bank safe deposit box: This can provide excellent physical security, but accessing the box after your death may be complicated. Illinois has procedures for accessing a deceased person's safe deposit box, but your executor may still encounter delays.
Your attorney's office: Some estate planning attorneys offer secure storage for original documents. If yours does, make sure your executor knows whom to contact.
Secure digital storage: Scanning your documents and storing encrypted copies online can provide a useful backup. However, digital copies generally won't replace originals when the law requires them.

Keeping your estate plan secure is only half the job. Your chosen executor and other appropriate individuals should know where your documents are stored and how to access them. You should also periodically review your storage arrangements, particularly if you move, change attorneys or update your estate plan. An experienced estate planning attorney can help you decide where to keep your documents and how to make sure they're available when your loved ones need them.

3 qualities you want an estate executor to have

2026-10-10T21:08:29Z

Choosing the right person to execute your estate has the potential to make things much simpler for your loved ones and beneficiaries. The wrong executor could cause delays or far more serious problems. Here are some things to look for when deciding who to choose.

The mental and emotional ability to do a good job

Someone who gets stressed about the smallest things may find administering your estate to be too much, especially if it’s someone close to you who’s grieving your loss. You want someone who can tackle things in the appropriate order, be thorough and have the people skills to deal with relatives and other beneficiaries, creditors and more. They also need to be mentally adept enough to carry out the sometimes-complicated tasks involved -- although they can seek legal guidance to do it.

They can be trusted

Perhaps you consider asking your best friend. However much you trust them, if you know that your siblings or spouse have doubts over their integrity, it might be best to look elsewhere. Someone you trust and who is also unlikely to provoke uncertainty in others is best.

Available to fulfill the role

Many people trust their parents implicitly and greatly value their experience and wisdom. Yet they don’t choose them as executors since they are likely to predecease them. Choosing someone the same age or younger than you is typically wise. Also think about where they live or will be living. Your sister may do a great job, but if she is planning to move to Australia, there’s a good chance she’s still going to be there years later, which would make fulfilling the role less convenient than for an executor who lives locally. Once you choose someone and get their consent, you’ll want to learn how to document your choice in your estate plan. It’s also worth considering naming a backup, in case your first choice is unable to perform the role when the time comes. Having experienced estate planning guidance can help as you make and codify this and other decisions.

What makes special needs trusts different from other types of trusts?

2026-09-29T17:00:23Z

For families caring for a loved one with a disability, estate planning often involves more than just deciding who will inherit what. If that person receives government benefits, an inheritance could potentially affect their eligibility for those benefits. A special needs trust addresses that concern by allowing assets to be held for a person with a disability while helping preserve eligibility for certain government programs. But what makes a special needs trust different from other types of trusts?

What is a special needs trust?

A special needs trust is a trust established to benefit a person with a disability while still allowing them to qualify for certain means-tested government benefits. Rather than replace government benefits, the trust can provide additional resources to improve the beneficiary’s quality of life while still preserving access to essential programs. Special needs trusts can help pay for expenses that government benefits may not cover, such as:

Transportation
Education
Recreation
Assistive technology
Clothing and personal items
Personal care

Trusts are valuable estate planning tools that may be created for tax planning, asset management, charitable giving or protecting assets for beneficiaries. The primary goal of a special needs trust is to protect access to needs-based government benefits while providing supplemental financial support. However, simply putting a person’s inheritance into a document labeled “special needs trust” doesn’t automatically make the assets exempt from government-benefit programs. It must be carefully drafted and administered to meet requirements set by the Social Security Administration. One important distinction involves control of the trust assets. A properly structured needs trust can allow someone other than the beneficiary to manage the assets for the beneficiary’s supplemental needs. Trust distributions can also affect benefits. Money paid directly to an SSI recipient can reduce SSI benefits, while benefits made to third parties for goods and services may be treated differently. A mistake in a special needs trust document or in the way the money is distributed could have unintended consequences. Working with a legal professional is essential to helping ensure the long-term support of a loved one with a disability without unnecessarily jeopardizing important benefits.

Who qualifies for an Illinois ABLE account under the new rules?

2026-09-17T23:59:44Z

When you’re planning for a disabled loved one’s future, even a well-intentioned gift can create problems and affect their eligibility for means-tested government benefits like Supplemental Security Income (SSI) and Medicaid. An Illinois ABLE account offers a way to set money aside for their needs without endangering their other benefits. As of January 1, 2026, more people qualify for these accounts than ever before.

Understanding ABLE accounts and their eligibility

An ABLE account is a tax-advantaged savings and investment account that allows an eligible person with a disability to pay for qualified expenses without jeopardizing certain government benefits. The money can cover needs such as housing, health care, transportation, education and assistive technology. Previously, a person’s disability generally had to begin before age 26. The expanded rules raise that age to 46, opening the program to people whose disabilities developed later in life. They must also meet one of the disability-related requirements. Generally, that means they:

Are entitled to SSI or Social Security Disability Insurance (SSDI) based on their disability
Have a qualifying disability certification from a licensed physician that describes the condition and age of onset
Have a condition that is listed on the Social Security Administration’s List of Compassionate Allowances

Earnings generally grow tax-free and withdrawals are federally tax-free when spent on qualified expenses. Family members and others can contribute to the account. Illinois taxpayers may also qualify for a state income tax deduction for their contributions, subject to applicable limits. An ABLE account can offer your loved one useful financial independence, but it is not necessarily a substitute for a special needs trust. Contribution and account balance rules limit how much an ABLE account can hold without affecting certain benefits, so a special needs trust may be better suited to holding a substantial inheritance. The trust and ABLE account can also be arranged to work together. If you’re interested in special needs planning for a loved one as part of your estate planning goals, seeking an attorney’s guidance is essential.

When should you consider an irrevocable trust?

2026-09-03T21:22:16Z

An irrevocable trust can be a powerful estate planning tool. However, it’s not the right choice for everyone. Unlike a revocable living trust, an irrevocable trust generally can’t be changed or revoked simply because the trust’s creator (grantor) later changed their mind. Therefore, creating such a trust requires careful consideration of your goals, finances and family dynamics.

Revocable versus irrevocable trust

The difference between the two types of trust comes down to flexibility. A revocable trust generally allows the person who created it to retain control and make changes during their lifetime. A properly structured irrevocable trust limits the grantor’s ability to revoke or change the trust. This doesn’t necessarily mean that an irrevocable trust can never be modified. The law provides mechanisms to modify or terminate certain irrevocable trusts. An irrevocable trust should be viewed as a long-term planning tool rather than something that can easily be undone. There are situations in which an irrevocable trust may be worth considering. For example:

You want to protect assets for your beneficiaries: Instead of giving assets directly to beneficiaries, you can establish an irrevocable trust that protects the inheritance from creditors, lawsuits or financial difficulties.
You have a large estate and are concerned about estate taxes: Illinois is one of the states that imposes an estate tax. If you have substantial assets, an irrevocable trust may be part of your overall estate planning strategy to reduce the portion of the estate subject to estate tax.
You want to provide for a loved one who needs ongoing support: An irrevocable trust may be appropriate when a beneficiary has special financial or personal needs. Instead of giving them a large inheritance outright, a carefully crafted trust can allow a trustee to manage assets and make distributions according to the trust’s terms.

An irrevocable trust can have long-lasting consequences. Therefore, estate planning guidance is critical if you’re considering one. An experienced professional can review your financial situation and estate planning goals and determine whether an irrevocable trust makes sense as part of your overall estate plan.

3 life events that trigger a need to update your estate plan

2026-08-28T17:59:36Z

Putting together an estate plan is an important step towards caring for your loved ones. In addition to designating the distribution of assets, the conversations that come with putting together your plan can also lead to a better understanding of your financial situation. This can lead to adjusting investment strategies and making use of tax saving tools – ultimately helping you to make the most of your wealth. Once you have a plan in place, it is common to ignore it. Although it does not require regular maintenance like other parts of your portfolio, there are times that warrant a review and update. Three of the most common include the following.

#1: Changes in the family

Welcoming a new family member through birth, adoption or marriage or losing a loved one through death or divorce can directly impact your estate plan. Use any of these life events as a reminder to review who you have listed as heirs and on power of attorney documents. These changes to your family structure may mean you need to update who is listed on these documents.

#2: Changes in wealth

A new job, business opportunity or inheritance that significantly impacts your assets can shift how your plan works. Review the language used on these documents and see if it still meets your wishes.

#3: Changes to the law

The law is always evolving. Changes to tax law can directly impact your estate and may warrant a need to make adjustments to your estate plan. Keep current on changes and reach out to your estate planning team if you are concerned the change impacts your plan.

Making sure you update your plan wisely

These changes require more than just a review of your will. Those who have trusts may need to make sure the provisions within the trust are still in line with their goals. It is also important to review and update beneficiary designations. This is something that is often missed and can lead to unintended individuals getting assets that you would prefer to go elsewhere.

Reasons most people do not have an estate plan

2026-08-14T13:02:52Z

Having an estate plan in place is not nearly as common as many people imagine. According to some reports, roughly 1/3 of Americans have made an estate plan, while the other 2/3 have not. This means that, on average, most Americans do not have a plan at all. The specific reasons vary from case to case. Below are a few of the examples that people provide, demonstrating how they think about estate planning.

They have not gotten around to it

Many people indicate that estate planning is something they hope to do in the future. They just have not gotten around to it yet, or they are procrastinating. A lot of young people do not think they will need an estate plan until they are closer to retirement age, for example.

They do not have very many assets

One common misconception about estate planning is that you need to have a lot of assets or that only wealthy people make estate plans. To counter this misconception, it is important for people to think about how an estate plan can address future medical decisions or how it can distribute low-value family heirlooms.

They do not know how to do it

Finally, there are many people who will say that they know it is important to write a will, set up a trust or use advance directives like a medical power of attorney. The issue is simply that they do not know where to get the documents or where to start. In all of these cases, but especially in the third case, it can be very helpful for those who do not have an estate plan to work closely with an experienced estate planning attorney so that they can explore all of their options.

Can someone make a will after mental incapacity is declared?

2026-08-07T15:26:51Z

A diagnosis of dementia, Alzheimer’s disease or another condition affecting a person’s mental abilities does not necessarily mean that an Illinois resident can no longer make a will. What matters is whether the person still has the mental capacity required to understand what a will does, what property they own and who will receive that property after their death. However, waiting too long can have serious consequences. If a person becomes incapacitated and a court appoints a plenary guardian for the person’s estate, Illinois law creates a rebuttable presumption that the person lacks the capacity to make or change a will. A guardian cannot simply step in and create a will on the incapacitated person’s behalf.

Guardians cannot make a will for an incapacitated person

A guardian may have broad authority to manage an incapacitated person’s property and financial affairs, but that authority does not include the ability to make a will for the person. That distinction can become extremely important when someone develops dementia or another condition that progressively affects cognition. There may be a period during which the person has received a diagnosis but still understands their property, family relationships and the consequences of making a will. During that time, the person may still have testamentary capacity and may be able to put an estate plan in place. Once the person no longer has the necessary capacity, however, the opportunity may be lost. Family members cannot create a will for them based on what they believe the person would have wanted, and a guardian cannot sign one on their behalf. If the person dies without having made a valid will, their probate property generally passes according to Illinois intestacy laws. Those laws determine which relatives inherit and in what proportions, regardless of whether that distribution reflects what the person would have chosen. This is one reason estate planning should be completed while a person can still make their own decisions. A will is not something that family members or a court-appointed guardian can simply put in place later if incapacity occurs. Legal guidance can help you and your loved ones prepare ahead or learn more.