Estate Planning Attorneys

A comprehensive estate plan protects those you love. Most people realize how important it is to protect their hard-earned assets and put legal documents in place so the property is passed to loved ones in the manner they choose. But proper estate plans are among the most neglected tasks among adults of all ages.

We work with a wide range of clients, some who have complex assets that require trusts and other advanced estate planning tools, and others who are well-served with a straightforward estate plan consisting of a will and powers of attorney for health care and financial matters.

Our team helps individuals and families develop comprehensive estate plans that include only those instruments you need to accomplish your objectives. Because our firm also serves a diverse range of clients in business law, including business succession, we are able to incorporate the important aspects of owning a family business into the estate plans that we create.

A Personal Approach To Helping You Protect Your Assets

Developing a comprehensive estate plan requires a great deal of thought about the loved ones in your life and how you want the assets you have accumulated over your lifetime to be distributed upon your death. You also will be clarifying your wishes regarding medical and financial decisions and designating someone to make those decisions on your behalf if you become incapacitated.

At Bruckert, Behme & Long, P.C., we understand how personal these decisions are and how legally complex they can be. That is why we emphasize a highly personal approach with every estate planning client we assist. If we have the privilege of working with you, we will take the time at the front end of the process to learn about you, your family and your objectives regarding the distribution of your assets.

Life changes often require updating your estate plan. If you have an existing estate plan that has not been reviewed in five years or more, it is a good idea to have us review it with you to make sure it still accomplishes your goals. Call 618-589-1152.

Experience That Instills Trust

John Long, our most experienced estate planning attorney, has practiced law since 1975. He has served multiple generations of many of our clients’ families. Estate planning is loaded with legalese and industry jargon, but Mr. Long and others will explain things in terms that are easy to understand. We assist clients in a wide range of estate planning matters, including:

• Drafting wills and establishing trusts to protect your assets and make your wishes known regarding heirs
• Establishing powers of attorney that will designate someone you trust to make decisions regarding financial and health care measures if you are unable to
• Creating a living will that lets you specify decisions about artificial life support in advance.
  • This ensures your wishes will be heard and protects your loved ones from having to make these difficult, deeply personal choices for you
• Estate administration assistance if you are named the executor of a will
• Planning for retirement by structuring assets and estate planning tools to effectively accomplish your overall goals

Frequently Asked Questions About Estate Planning

Estate planning raises practical questions about responsibilities, timing and legal tools. With the following FAQs, we address common concerns individuals and families have when preparing or updating a plan.

What responsibilities does an executor have during estate administration?

During estate administration, an executor is responsible for carrying out the instructions outlined in a will and making sure the estate is settled according to Illinois law. This role involves legal, financial and administrative obligations that must be handled carefully and in the correct order.

An executor’s duties include:

• Securing the testator’s will and filing it and all appropriate paperwork with the proper court
• Identifying and securing estate assets, such as real estate, bank accounts and personal property, to prevent loss or misuse
• Obtaining any necessary appraisals for high-value assets and determining how those factor into the estate
• Locating and notifying all interested parties about the testator’s death and managing expectations
• Paying outstanding debts, taxes and final expenses using estate funds before distributions are made
• Distributing remaining assets to beneficiaries as directed in the will and providing required documentation to the probate court

These responsibilities require attention to deadlines, proper recordkeeping and compliance with state probate rules.

Mistakes can delay the process or create disputes among beneficiaries. An attorney can guide executors through estate administration and help ensure obligations are met accurately and efficiently.

When should an estate plan be reviewed or updated?

An estate plan is not a one-time document. Life changes and legal developments can affect whether an existing plan still reflects current goals and circumstances. Reviewing an estate plan regularly helps ensure it remains effective and legally sound.

Some of the situations that commonly trigger updates include:

• Major life events, such as marriage, divorce, the birth of a child or the death of a beneficiary or executor.
• Significant financial changes, including buying or selling property, starting a business or receiving an inheritance.
• Changes in Illinois or federal laws that impact probate procedures or estate taxes.

Even without major changes, reviewing a plan every three to five years is generally recommended. Our Illinois estate planning attorney can assess whether updates are needed and make sure your documents remain aligned with current laws and personal objectives.

How can estate planning reduce potential estate tax exposure?

While not every estate is subject to estate taxes, proper planning can help limit tax burdens where they apply. Estate tax planning in Illinois focuses on preserving assets and reducing unnecessary transfers to taxing authorities. Common strategies that may be used include:

• Structuring gifts during a person’s lifetime to reduce the taxable estate
• Using trusts to manage how and when assets are transferred to beneficiaries
• Coordinating beneficiary designations and ownership structures to avoid unintended tax consequences
• Preparing for changes in asset values that could increase tax exposure over time
• Coordinating retirement accounts, life insurance and real estate ownership
• Reducing administrative costs and delays during estate administration

Estate tax rules can be complex and may change over time. Discussing potential tax concerns with a lawyer early on allows individuals to make informed decisions and avoid complications that could place a burden on their families and devalue their estates. Working with an attorney also helps ensure that tax-minimization strategies are implemented correctly and in compliance with applicable laws. This strategy can protect more of the estate for the intended beneficiaries.

How do wills and trusts differ under Illinois law?

Understanding the difference between wills and trusts is essential when deciding how to structure an estate plan in Illinois. Both tools serve important but different purposes. A will generally:

• Specifies how assets should be distributed after death.
• Names an executor and, if applicable, guardians for minor children.
• Must go through probate, which is a court-supervised process.

On the other hand, trusts:

• Can manage assets during life and after death.
• May help avoid probate for assets titled in the trust.
• Provides greater control over how and when beneficiaries receive assets.

Choosing between a will, a trust or a combination of both depends on personal goals, asset types and family considerations. We can explain these options and recommend a structure that supports long-term planning goals.

Can I prepare my own will in Illinois, or is legal guidance necessary?

Illinois law allows individuals to create their own wills, but doing so without legal guidance carries risks. Common issues with self-prepared wills include:

• Failure to meet Illinois signing and witnessing requirements.
• Ambiguous instructions that create confusion during estate administration.
• Overlooking assets or failing to coordinate beneficiary designations.

An Illinois estate planning attorney helps ensure a will is legally valid, clearly written and consistent with broader planning goals. Professional legal guidance reduces the likelihood of challenges and helps protect the estate and its beneficiaries.

The Time To Address Your Estate Plan Is Now – Schedule A Consultation

We invite you to schedule a meeting to discuss your estate planning needs with a lawyer. Call or use our online contact form to reserve your time. We serve clients throughout southwest Illinois from offices in O’Fallon and New Baden.