What is Estate Planning, and Do I Need a Lawyer for It?

 Posted on January 17, 2026 in Estate Planning

"Estate planning" is a phrase many people have heard, probably used with other words like "will" or "trust." Many people don’t really know what estate planning means, though. They also don’t know if they can do it themselves or if they need help from a professional. 

While it may sound complicated, estate planning is basically about making sure your wishes are followed and your loved ones are taken care of when you are no longer able to make decisions yourself. These are things that almost every person can benefit from. If you are thinking about your family's future in 2026, working with an Oswego, IL estate planning attorney can help you understand the process and what your options are.

What is an Estate Plan in Illinois? 

Estate planning is the process of deciding what will happen to your property, money, and personal belongings after you pass away. It also includes planning for situations where you might become unable to make decisions due to illness or injury. A good estate plan makes things easier for your family by doing hard decision-making ahead of time.

Documents Included in an Estate Plan

Most estate plans include several important documents that work together to protect you and your family. These include:

Wills

A will is a legal document that says who should receive your property when you die. It also lets you name someone to take care of your minor children if something happens to you. Without a will, Illinois law decides who gets your belongings, which might not line up with what you want.

Trusts

This is a  legal arrangement where you put your property under the control of a "trustee" who manages it for your beneficiaries. Trusts can help your family avoid probate court, which is the legal process of distributing your property after death. Probate can take months or even years, so many people use trusts to make things simpler.

Powers of Attorney

A power of attorney lets you choose someone to make decisions for you if you cannot make them yourself. There are different types. A financial power of attorney allows someone to handle your money and property. A healthcare power of attorney, covered under the Illinois Power of Attorney Act (755 ILCS 45), lets someone make medical decisions for you if you are too sick to decide.

Healthcare Directives

Sometimes called a living will. This tells doctors what kind of medical treatment you want if you cannot communicate. This includes decisions about life support and end-of-life care.

When Should I Start Estate Planning?

Many people think estate planning is only for older people or wealthy families, but that is not true. You should consider estate planning if you own property, have children, or want control over your medical care decisions. Life is unpredictable, and having a plan in place gives you and your family peace of mind.

Major life events are good times to create or update your estate plan. These include getting married, having children, buying a home, starting a business, or getting divorced. Even if none of these apply to you right now, it is still smart to have basic documents in place.

Do I Really Need a Lawyer for Estate Planning?

While you can find templates and forms online, working with a lawyer helps you avoid costly mistakes. Estate planning involves complex laws that change over time. A lawyer can make sure your documents are valid under Illinois law and actually do what you want them to.

A lawyer can also help you think through situations you might not think of on your own. For example, what happens if the person you name in your will dies before you do? What if your family situation changes? Missing these details can create problems later.

Estate planning lawyers also understand Illinois estate tax laws and can help you minimize the taxes your family might owe. They can explain options like trusts and help you choose the right tools for your situation.

Call a Oswego, IL Estate Planning Lawyer Today

Creating an estate plan is one of the most important things you can do for your family. While it might feel overwhelming at first, a Kendall County estate planning lawyer can guide you through each step and answer your questions.

If you are ready to start planning for your family's future, contact Loire Krajniak Law, LLC at 630-448-2406 today for a free consult. Our lawyer helps families throughout Kendall County create estate plans that reflect their wants and protect the people they love.