Estate planning · Chicago and the southwest suburbs
Estate Planning Attorney Serving Chicago and the Southwest Suburbs
A will, a trust, two powers of attorney and the beneficiary forms that go with them, drafted by one attorney who also reads the tax side of every decision.
At a glance
- Attorney
- Hani H. Khatib, Attorney at Law · CPA · LL.M. (Taxation)
- Office
- 6600 W College Dr, Ste 207, Palos Heights, IL 60463
- Hours
- Monday to Friday, 9:00 a.m. to 5:00 p.m.
- Telephone
- (708) 722-2222
- info@khatiblaw.com
- Probate court
- Daley Center, Cook County Probate Division
- Accreditation
- BBB Accredited since April 2022 · A+
Start here
Is this you?
Most calls to an estate planning attorney in Chicago or the southwest suburbs begin with one of these situations; each service below has its own page with the Illinois rules, the steps and the questions people ask most.
You own a home in your own name or jointly with a spouse, and you have never signed a will or a power of attorney.
You have children under 18 and no document naming who would raise them or manage their money.
A parent has died and you are not sure whether the estate has to go through probate at the Daley Center.
You signed a will years ago, and since then you have divorced, remarried, had children or bought a business.
You have a retirement account, a life-insurance policy and a house, and nobody has checked that the beneficiary forms match the will.
Estate planning services
What we handle
Each service has its own page with the Illinois rules, the steps, and the questions people ask most.
Wills
What makes a will valid in Illinois?
A will that meets the Illinois Probate Act's signing rules, names the right people, and fits the rest of your plan, drafted and witnessed in our Palos Heights office.
- How much does a will cost in Illinois?
- Why add a self-proving affidavit?
- Should I name a guardian for my children in my will?
Trusts
How does a revocable living trust avoid probate in Illinois?
Which trust you need, what it will and will not do under the Illinois Trust Code, and the deeds, retitling and tax work that make it function.
- Revocable or irrevocable trust: which do I need?
- How do I fund a trust?
- Does a trust reduce Illinois estate tax?
Probate and estate administration
How long does probate take in Cook County?
Opening, administering and closing an estate at the Daley Center, and the small estate affidavit when a court case is not needed.
- When is probate required in Illinois?
- What is a small estate affidavit in Illinois?
- What does an executor do?
Powers of attorney
Who decides for me if I cannot?
The two Illinois statutory powers of attorney, the living will and the POLST: who signs, who witnesses, when each starts, and what happens without them.
- Does a power of attorney need to be notarized in Illinois?
- When does a power of attorney take effect?
- Can I revoke a power of attorney?
Prenuptial and postnuptial agreements
Are prenuptial agreements enforceable in Illinois?
What an Illinois prenup can and cannot do, the disclosure and timing that keep it enforceable, and how a postnup fits a marriage already under way.
- How far before the wedding should we sign?
- What is a postnuptial agreement and when is it used?
- Can a prenup protect a business?
Business succession
What happens to my business when I retire?
Business succession planning decides who owns the business, who runs it, and how the transfer is taxed when you retire, become disabled or die. Khatib Law LLC drafts the plan so the business, the estate plan and the tax return all say the same thing.
- What is a buy-sell agreement?
- How do I pass the business to my children with the least tax?
- When should a family business start succession planning?
The documents
What does a basic Illinois estate plan contain?
A will, a power of attorney for property, a power of attorney for health care, beneficiary designations that match the will and, where it earns its place, a revocable living trust or a transfer on death instrument for the house. Together they answer three questions: who decides if you cannot, who receives what when you die, and how your family avoids a court process it does not need.
| Document | What it does | Signing formality | When it operates |
|---|---|---|---|
| Will | Names an executor, directs the assets that pass through probate and nominates a guardian for minor children. A will does not avoid probate; it tells the probate court what to do. | In writing, signed by you and attested by two credible witnesses in your presence (755 ILCS 5/4-3). Notarization is optional, through a self-proving affidavit (5/6-4). | At death, through the probate court. |
| Revocable living trust | Holds the assets you retitle into it. A successor trustee takes over at incapacity or death without a court order. Gives no protection from your creditors while you are alive. | Signed by you as settlor and trustee under the Illinois Trust Code (760 ILCS 3), then funded by retitling accounts and recording deeds. | Immediately, for whatever has been put into it. |
| Power of attorney for property | Lets the agent you choose handle finances, real estate and tax matters if you cannot. | Illinois statutory short form; one witness and a notary (755 ILCS 45/3-3). | On signing, or on incapacity, as the document says. |
| Power of attorney for health care | Names who makes medical decisions and records your wishes about life-sustaining treatment. | Illinois statutory form; one witness, no notary required (755 ILCS 45/4-10). | When you cannot make or communicate decisions, or at once if you choose. |
| Beneficiary designations | Retirement accounts and life insurance pass by the form on file with the institution, outside the will. | The institution's own form. We check that each one matches the plan. | At death, directly to the named beneficiary. |
| Transfer on death instrument | Passes your home to a named beneficiary without probate while you keep full ownership during life. | Two credible witnesses and a notary; recorded with the county before death (755 ILCS 27/40). | At death, by the recorded instrument; the beneficiary may record a notice of death affidavit to confirm title. |
Not every family needs every document. The consultation decides which rows apply to you. The one row nobody can skip is the beneficiary forms, because a plan that ignores them fails for the largest assets most families own; our guide to matching beneficiary designations to an Illinois estate plan explains why.
Everything you own falls into one of two groups at death. Probate assets are titled in your name alone with no beneficiary: often the house, a bank account, a car. They pass under your will through a probate case in the Circuit Court of Cook County if they include real estate or exceed the small-estate limit. Non-probate assets pass by their own paperwork: joint property to the survivor, retirement accounts and life insurance to the named beneficiary, trust assets under the trust. A will that leaves everything equally to three children does nothing if the life insurance still names one of them.
If you own an LLC, an S corporation or a professional practice, the plan also has to say who runs it the day after you die, who may own it and how the family is paid for it. That is business succession planning: it ties into the operating agreement, any buy-sell agreement and the gift and estate tax numbers, and owners who are still growing the business often pair it with tax planning for lifetime transfers.
A common question
Do I need a will or a trust in Illinois?
A will if your main goals are naming a guardian and saying who gets what. A revocable trust as well if your main goal is keeping your family out of probate or managing property for someone after you are gone. Most plans we draft include a will either way; the trust is the optional part. Eight questions decide it: probate, timing, privacy, guardians, creditors, cost, upkeep and tax.
| Question | Will | Revocable living trust |
|---|---|---|
| Does it avoid probate? | No. A will is the instruction set for probate; the court process still runs. | Yes, for every asset titled in the trust. Anything left outside it may still need probate. |
| When does it take effect? | At death. | When signed and funded; it also works during incapacity. |
| Is it public? | Yes. The will is filed with the clerk of the circuit court after death and becomes a public record. | No. The trust is not filed with a court. |
| Can it name a guardian for minor children? | Yes. | No. A trust-based plan still includes a pour-over will for this. |
| Does it protect assets from your creditors? | No. | No. A revocable trust gives no creditor protection during your life. |
| What does it cost to set up? | Less up front. | More up front; usually less cost and delay for the family at death. |
| What work does it need afterwards? | A review after marriage, divorce, births, deaths and moves. | The same reviews, plus funding: every account and deed must actually be retitled. |
| Does it change your taxes? | No. Assets receive a basis step-up at death either way. | No. The trust is ignored for income tax while you are alive; estate-tax planning is layered onto either document. |
Two corrections we make often. A will does not avoid probate. A revocable trust can avoid probate for the assets titled in it, but it does not shield those assets from your creditors; Illinois does not enforce a trust you set up to protect your own assets from your own creditors.
A trust costs more up front and saves the family a probate case later. A will costs less now and relies on the court later. Neither choice is wrong; the mistake is choosing a trust and then never moving the house into it.
Whichever you choose, Illinois law makes two things automatic and nothing else. A judgment of dissolution of marriage revokes every gift to, and every fiduciary nomination of, the former spouse in a will signed before the judgment, under 755 ILCS 5/4-7. Marriage does not revoke or amend an existing will, so a new spouse is not added by the wedding, and no life event changes a beneficiary designation or a deed. In a second marriage, a prenuptial or postnuptial agreement can waive the spousal rights a will alone cannot remove, so the children of a first marriage receive what you intended.
The difference
Why an attorney who is also a CPA plans your estate
Basis step-up
Property that passes at death generally takes a new income-tax basis equal to its value on that date under 26 U.S.C. §1014, and the step-up applies to assets in a revocable trust as well as assets held outright. Property given away during life carries your old basis to the recipient. Which assets to give, which to hold and which to leave in a trust is decided on that arithmetic, not only on the estate-tax side; on a home bought decades ago, the difference is the whole capital-gains tax.
Illinois estate tax
Illinois has its own estate tax with a $4,000,000 exclusion under 35 ILCS 405, far below the federal threshold, and the exclusion is not portable to a surviving spouse. A Chicago-area family with a paid-off house, retirement accounts and life insurance can owe Illinois tax while owing nothing federally, and a married couple needs trust provisions that use both exclusions. How the tax is computed and who pays it is in Illinois estate tax: exemption, who pays, and planning.
Retirement accounts and the final returns
IRAs and 401(k)s pass by beneficiary form and carry income tax to whoever receives them. Choosing those beneficiaries, and anticipating the decedent's final Form 1040 and the estate's Form 1041, is part of the same analysis as the will and the trust. One engagement covers the legal documents and the tax analysis, inside the attorney-client relationship; how one adviser with two licenses works is explained on its own page.
Process
How does the process work?
Four steps from first call to signed documents. A straightforward plan usually moves through them in about a month; the pace is set by how quickly you return the questionnaire and review the drafts. Complex estates and urgent matters set their own pace, and we tell you which you have at the first meeting.
What to bring to the first meeting is listed in the consultation band at the foot of this page. If you already have documents, bring them: the first question is usually whether they still work, and sometimes the answer is yes.
Consultation
Week one · about an hour · in person or by phone
We go through your family, what you own and how each asset is titled, and what you want to happen. Bring existing documents, deeds and beneficiary statements if you have them.
Written recommendation
Usually weeks one to two · before anything is drafted
You receive a written proposal: which documents, why each one, and the fee, together with an engagement letter, before any drafting begins.
Drafts and review
Usually weeks two to four · at your own pace
You review drafts with a plain-English summary of each document, and we revise them until they say what you mean. Questions are answered in writing if you prefer.
Signing and funding
About week four onward · in our Palos Heights office
Documents are signed with the witnesses and notary Illinois requires. If there is a trust or a transfer on death instrument, we record the deed with the Cook County Clerk, send the retitling letters and check the beneficiary forms so the plan works as drafted.
Illinois and Cook County
The rules that shape an Illinois plan
Signing a will
A will must be in writing, signed by you and attested in your presence by two or more credible witnesses. Notarization is optional, but a self-proving affidavit signed by the witnesses (5/6-4) means your family does not have to find them later. 755 ILCS 5/4-3
Filing the will after death
Whoever holds the original will must file it with the clerk of the circuit court immediately after the death, whether or not a probate case is opened; wilfully hiding it for 30 days after learning of the death is a felony. 755 ILCS 5/6-1
Marriage, divorce and an old will
Marriage does not revoke an Illinois will. A judgment of dissolution revokes every gift to, and fiduciary nomination of, the former spouse and leaves the rest standing. 755 ILCS 5/4-7
Dying without a will
The intestacy rules decide. A surviving spouse with descendants receives half of the probate estate and the descendants share the other half; a spouse alone, or descendants alone, take everything. 755 ILCS 5/2-1
Where probate is filed
In the county where the decedent lived. For Cook County residents that is the Probate Division at the Daley Center, 50 West Washington Street, Chicago; independent administration is the norm. 755 ILCS 5/5-1
Small estates
When no letters of office have been sought and the personal estate is $150,000 or less, not counting registered motor vehicles, an affidavit collects the assets without a court case. The limit applies to deaths on or after August 15, 2025, and the affidavit never transfers real estate. 755 ILCS 5/25-1
Creditor claims
The representative publishes notice for three weeks and sets a claim date at least six months after the first publication, which is why no Illinois estate safely closes in under about seven months. 755 ILCS 5/18-3
Illinois estate tax
Illinois taxes estates above a $4,000,000 exclusion under its own statute, separate from the federal estate tax. There is no Illinois tax on the person who inherits. 35 ILCS 405/2
Transfer on death instrument
A transfer on death instrument for Illinois real estate must be signed before two credible witnesses and a notary and recorded before the owner's death, or it is void. It can be revoked at any time. 755 ILCS 27/40
Powers of attorney
The statutory property power needs one witness and a notary, and the notary may not also be the witness; the statutory health care power needs one witness and no notary. 755 ILCS 45/3-3, 4-10
Trusts
Illinois trusts are governed by the Illinois Trust Code, which replaced the Trusts and Trustees Act on January 1, 2020, and which lets your own creditors reach the assets of a revocable trust during your life. 760 ILCS 3/505
Deadlines on a weekend
A deadline that falls on a Saturday, Sunday or holiday rolls to the next business day. 5 ILCS 70/1.11
Fees
How much does estate planning cost in Illinois?
It depends on what the plan has to do, and we tell you the number in writing after the consultation and before any drafting begins, so you know it before you decide. A will-based plan costs less than a trust-based plan; a business, a blended family or property in two states adds work; estate-tax exposure adds more.
What keeps the fee lower
- a will-based plan with powers of attorney and a transfer on death instrument for the home;
- all real estate in Illinois, in one parcel;
- adult beneficiaries who can receive property outright;
- beneficiary forms and deeds you can bring to the first meeting.
What adds to it
- a revocable or irrevocable trust, and the funding work that goes with it;
- real estate in more than one state, or more than one Illinois parcel;
- a business, a rental property or a professional practice to pass on;
- a blended family, a beneficiary with special needs, or an heir with creditor trouble;
- an estate large enough that the Illinois estate tax is in play.
What does not move it: asking questions. Questions about drafts are part of the work, not extra. The drivers, item by item, are in How much does estate planning cost in Illinois?.
Where we work
Areas we serve
Khatib Law LLC serves the southwest suburbs from its Palos Heights office: Palos Park, Palos Hills, Orland Park, Orland Hills, Tinley Park, Oak Lawn, Oak Forest, Frankfort, Mokena, Homer Glen, Lemont, Evergreen Park, Burbank, Bridgeview, Hickory Hills, Chicago Ridge, Worth, Alsip and Crestwood, and Chicago itself, especially the Southwest Side. We represent clients throughout Cook County, and handle real estate and business matters in Will and DuPage County. Probate for Cook County residents is heard at the Daley Center; Will County estates are heard in Joliet. Directions and parking are on the contact page, and the firm and attorney Hani Khatib are introduced on the about page.
Questions
Estate planning in Illinois: questions we are asked
What does an estate planning attorney do?
An estate planning attorney finds out what you own, who depends on you and what you want to happen, then drafts the documents that make it happen: a will, often a revocable trust, a power of attorney for property, a power of attorney for health care, and instructions for retitling assets and naming beneficiaries. The attorney also supervises signing so the documents meet Illinois formalities, and updates the plan when your family or the law changes. At Khatib Law LLC the same attorney is a CPA, so the income-tax and Illinois estate-tax consequences are worked out in the same meeting.
How much does estate planning cost in Illinois?
It depends on what the plan has to do, and we tell you the number in writing after the consultation and before any drafting begins, so you know it before you decide. A will-based plan costs less than a trust-based plan; a business, a blended family or property in two states adds work; estate-tax exposure adds more.
Do I need a will or a trust in Illinois?
A will if your main goals are naming a guardian and saying who gets what. A revocable trust as well if your main goal is keeping your family out of probate or managing property for someone after you are gone. Most plans we draft include a will either way; the trust is the optional part. Eight questions decide it: probate, timing, privacy, guardians, creditors, cost, upkeep and tax.
What happens if I die without a will in Illinois?
The Illinois Probate Act, 755 ILCS 5/2-1, decides: a spouse and descendants split the estate half and half, a spouse alone or descendants alone take everything, and the court picks the administrator. Stepchildren, unmarried partners and charities receive nothing. The full rules, and how a will changes them, are on our wills page.
Does Illinois have an estate or inheritance tax?
Illinois has an estate tax and no inheritance tax. The estate tax applies when a decedent's gross estate plus adjusted taxable gifts exceeds $4,000,000, and the exclusion is not portable between spouses, so a married couple needs planning to use both exclusions. The federal estate tax exclusion is $15,000,000 per person for deaths in 2026. People who inherit from an Illinois estate do not pay a tax on receiving the inheritance, although income tax may apply later to retirement accounts and to gains on assets sold after death.
How often should I update my estate plan?
Review it after any of these: marriage, divorce, a birth or adoption, a death in the family, moving to or from Illinois, buying or selling a home or business, a large change in assets, or a change in the estate-tax law. Absent one of those, read the documents every three to five years. Divorce automatically cuts a former spouse out of an Illinois will, but marriage does not add a new spouse in, and no event updates a beneficiary designation for you.
Can an estate plan help my family avoid probate?
Yes, if it is built for that. Assets held in a funded revocable trust, real estate covered by a recorded transfer on death instrument, accounts with named beneficiaries and property held in joint tenancy all pass without a probate case. Whatever is left in your sole name at death goes through probate if it includes real estate or more than the small-estate limit in personal property. The plan only works if the retitling and beneficiary forms are actually completed, which is why we handle that step rather than leaving a checklist.
Your attorney
Hani H. Khatib
Attorney at Law · CPA · LL.M. (Taxation)
Founder and managing attorney of Khatib Law LLC, established in Palos Heights in 2017. An attorney licensed in Illinois and a Certified Public Accountant, he concentrates his practice in estate planning, real estate, tax controversy and small-business matters. About Hani Khatib
Request a consultation
Tell us what you are facing.
A sentence or two is enough to start. We will tell you what the first meeting involves, and whether there is a charge for it, before you commit to anything.
(708) 722-2222
Monday to Friday, 9:00 a.m. to 5:00 p.m. · 6600 W College Dr, Ste 207, Palos Heights
What happens next
Your message goes to the firm’s office, not a call centre.
If you mention a deadline, it is read first.
We run a conflicts check and, if we can help, call or email you to set a time.
We confirm the kind of matter and what the first meeting involves, including whether there is a charge for it.
If we go forward, you receive a written engagement letter.
Scope and fee basis in writing before any work begins. Please do not email documents until we have confirmed an engagement in writing.
What to bring to the first meeting
- Any existing will, trust or power of attorney, even if it is out of date.
- The deed to your home and to any other real estate.
- A list of accounts, retirement plans and life-insurance policies with the beneficiary named on each.
- Names and ages of the people you want to provide for, and who you would trust to act for you.