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 |  IL Licensed Attorney · ARDC

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Estate Planning + Probate

Estate Planning · Naperville, Illinois

Wills & Pour-Over Wills Your Final Word, Legally Protected

A valid Illinois will is the foundation of every estate plan. Without one, the state decides who gets your property, who raises your children, and who handles your affairs. Brad Plaschke drafts wills that hold up — in every Illinois court.

What We Do

Wills in Illinois — What You Need to Know

Illinois law requires a will to be in writing, signed by the testator, and witnessed by two people who are not beneficiaries. An improperly executed will can be challenged and voided — leaving your family in exactly the situation you tried to prevent.

Last Will & Testament

Directs who receives your probate assets, names an executor to administer your estate, and — critically — names a guardian for minor children. Goes through the Illinois probate process before assets are distributed.

Pour-Over Will

Works alongside a living trust. “Pours” any assets not already in your trust into it at death — ensuring nothing falls outside your plan. Essential for anyone with a revocable living trust as their primary planning tool.

"For Illinois families with minor children, a will isn't optional — it's the only way to legally name a guardian. Without one, a court decides who raises your kids."

— Brad Plaschke, Managing Attorney · ARDC #6225854

Will Types We Draft

The Right Will for Every Situation

01

Simple Will

Straightforward asset distribution with named executor and beneficiaries. Ideal for individuals or couples with uncomplicated estates and adult beneficiaries.

02

Pour-Over Will

Paired with a revocable living trust. Captures any assets not in the trust and directs them into it at death — the essential safety net for trust-based plans.

03

Testamentary Trust Will

Creates a trust within the will itself, taking effect at death. Useful for protecting a minor child’s inheritance until they reach a specified age.

04

Will with Guardian Nomination

Formally nominates a guardian for minor or disabled children. Without this, an Illinois court appoints one — potentially someone you would never have chosen.

How It Works

Our Attorney-Led Process

01

Week 1

Free Planning Review

Brad assesses your family situation, assets, and goals to determine the right will structure — simple, pour-over, or testamentary trust.

02

Week 1–2

Beneficiary & Executor Design

We work through every decision: who gets what, in what order, who serves as executor, and who raises your children if needed.

03

Week 2–3

Drafting & Plain-Language Review

Brad drafts the will and walks you through every provision in language you understand. Revisions until everything is precisely right.

04

Week 3–4

Formal Execution

Witnessed signing with notarization in accordance with Illinois law — ensuring your will is valid, enforceable, and challenge-resistant.

Frequently Asked Questions

What happens to my estate if I die without a will in Illinois?

Illinois intestate succession laws determine who inherits — and the results may surprise you. Your estate is divided among statutory heirs based on a fixed formula. A surviving spouse does not automatically receive everything if you have children. Your wishes, relationships, and intentions are completely irrelevant to the court.

No. Illinois does not recognize holographic (handwritten, unwitnessed) wills. A valid Illinois will must be in writing, signed by the testator, and witnessed by at least two adults who are not beneficiaries. A will that doesn’t meet these requirements will be rejected by the probate court.
Yes. A will does not avoid probate — it directs how probate proceeds. If avoiding the cost and delay of probate is a priority (and for most Illinois families it should be), a revocable living trust is the appropriate tool. Brad will explain the trade-offs for your specific situation.
Illinois law gives a surviving spouse the right to elect against a will for a statutory share of the estate — you cannot fully disinherit a spouse. You can generally disinherit adult children if done explicitly in the will. Specific planning is required to make disinheritance intentions legally effective.
Review your will after any major life event: marriage, divorce, birth of a child or grandchild, death of a beneficiary or executor, significant change in assets, or relocation. As a rule of thumb, review every 3–5 years regardless. Brad offers document update services for existing clients.

What Naperville Families Say

“We finally got our wills done after years of putting it off. Brad made the whole process straightforward — we understood every single provision. Most importantly, our kids are now protected if something happens to us.”

James & Carolyn M.

Naperville, IL

“My prior will was outdated and had a deceased executor named. Brad caught issues we didn’t even know to ask about and drafted a complete update in under three weeks. Thorough, professional, and genuinely cares about the outcome.”

Patricia W.

Wheaton, IL

“Brad explained the difference between a simple will and a pour-over will in plain language and helped us decide which approach fit our situation. No upselling, just honest guidance. Exactly what we needed.”

Robert & Anne F

Downers Grove, IL

Ready to Protect Your Family?

Schedule a free planning review. No pressure, no obligation — just clear answers from an experienced Illinois estate attorney.

Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.