Legal Question in Wills and Trusts in Illinois

A living will is a directive regarding life support. An alternative is a Power of Attorney for Health Care, in which you designate an individual (and alternates) to make health care decisions for you, including decisions about continuing/discontinuing life support.

The Power of Attorney for Health Care is separate from a Power of Attorney for Property. The property power designates an agent to handle property matters for you under certain circumstances.

A will is a document that states how you want your assets distributed upon your passing. With the exception of some limited estates, the estate is put through probate to pay all final claims and ultimately make distributions to those to whom property is left.

A trust is a document by which a trustee is appointed to manage trust property. In the context of estate planning, it can have various uses, sometimes for tax planning, sometimes simply to avoid probate. One's property can be titled in one or more trusts, meaning the property is not titled in the individual's name and then does not need to pass through probate after the individual's death. The terms of the trust govern succession to the property.

The above provides simple answers. You should meet with an attorney to discuss your needs.