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Call Us Today  (312) 625-2211

Main Menu
  • Home
  • About
    • David Madden
  • Practice Areas
    • Bankruptcy
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
    • Estate Planning
      • Probate
      • Trusts, Trust Administration, And Living Trusts
      • Wills And Living Wills
    • Small Business
    • Business Succession
    • Commercial Litigation and Collections
    • Local Counsel and Contract Attorney Services
  • Testimonials
  • Blog
  • Contact Us

How Trusts Help Families Avoid Probate

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While many people assume that a will is enough, the truth is that wills must go through probate court in Illinois—a process that’s public, often slow, and sometimes more expensive than people expect. But probate isn’t your only option, and working with our Lisle, Illinois trust lawyer can be one of the smartest ways to help your family sidestep the probate process.

Over the last two decades, we’ve helped individuals and families throughout Chicagoland build estate plans, wills, and trusts that keep things as smooth and private as possible. Below, we’ll walk you through what exactly a probate is, how trusts can help you avoid it, and how we can help.

What Probate Is And Why Many Want To Avoid It

Probate is the legal process of validating a will and distributing a person’s assets under court supervision. Even when things go smoothly, probate can sometimes take months. In some cases, disagreements among family members, court delays, or overlooked issues can drag things out even longer.

This is where a trust comes in. When you place your assets—like your home, bank accounts, or investments—into a properly structured trust, they are no longer subject to probate. Instead, the person you've named as trustee takes over directly and follows the instructions you’ve laid out. That can mean less red tape, fewer court appearances, and more privacy for your loved ones. Many individuals and families prefer trusts because it allows them to skip the probate process. Our lawyer helps by providing invaluable legal counsel, walking families through each step so they know what to expect.

How A Trust Puts You In Control

Setting up a trust allows you to spell out exactly how you want your assets handled—who gets what, when they receive it, and under what terms. It’s not just about money. It’s about maintaining control of your assets, even after you’re gone. A trust can be especially helpful if you have children, a loved one with special needs, or if you want to set specific conditions around when someone receives their inheritance.

As your Lisle trust lawyer, we’ll help you figure out which type of trust makes the most sense for your goals. Revocable living trusts are the most common for estate planning, but there are also irrevocable trusts, testamentary trusts, and many other options depending on what you’re trying to accomplish.

Determining A Trustee For Your Trusts

Once a trust is set up, it needs to be managed properly. That’s why choosing the right trustee matters. The trustee is responsible for carrying out your wishes—handling paperwork, distributing assets, and keeping important records. This person will often work with trust administration lawyers like us, who help trustees stay on track and avoid mistakes.

We also work closely with families who need help after a loved one has passed. Whether they need a fiduciary lawyer to assist with legal responsibilities or someone to offer guidance on executor services, we’re here to walk them through the process with compassion and clarity.

When we work with clients, we don’t just hand over documents. We talk them through the plan step by step, answer every question so the process remains clear, and make sure everyone feels confident in what’s being put in place. Our job is to make sure everything goes smoothly, and we take our job very seriously. That’s why our clients love working with us.

Start Planning Today

If avoiding probate sounds like something your family would benefit from, we’d be happy to sit down and talk. Our Lisle trust lawyer can help you decide if a trust fits your needs, what type of trust would work best for you, and we can help you build a plan that’s easy to follow and built to last. Call Madden Law LLC today to schedule your consultation. We’re ready and willing to talk with you about your options.

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With respect to our representation of clients in Chapter 7 and Chapter 13 bankruptcy proceedings, we are deemed to be a debt relief agency. We help people to file for relief under the Bankruptcy code. Disclosures required under the U.S. Bankruptcy code.

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