Top 3 Estate Planning Mistakes People Make in DuPage County

 Posted on May 14, 2026 in Estate Planning

Estate planning should always be handled with care. Wills, trusts, and other testamentary instruments must be written and executed correctly – when it counts, you will not be there to explain what you meant to do in your estate plan. There are a handful of common mistakes and oversights people sometimes make in the course of building an estate plan. Unfortunately, estate planning errors can sometimes have serious consequences. It is best to consult a skilled DuPage County, IL estate planning lawyer when you are ready to begin the estate planning process. 

At A. Traub & Associates, we understand the practical realities of setting up a will, trust, and other important estate planning documents. We are ready to sit down with you one-on-one to look out for your interests and avoid pitfalls, drawing on over 100 years of shared experience.

Top Three Estate Planning Mistakes People Still Make in 2026

It is important to make sure that you are aware of and understand all the options you have before you start signing off on an estate plan. You should be aware of these common mistakes.

Relying Only On a Will

Not taking advantage of a trust when one could benefit you can be an expensive error. Many people are more familiar with wills and may think of them as the default estate planning tool. Some erroneously believe that trusts are for those with high-value estates, but this is no longer the case. Trusts now work well for most estates, and their probate-skipping properties can save your beneficiaries a lot of money in the end.

A trust can also include more detailed instructions than a will. For example, you may want a child to receive money in stages, rather than all at once. You may want funds used for school, housing, medical needs, or other specific expenses. A trust can name a trustee to manage property and follow these directions (760 ILCS 3/801). Some trusts may also offer creditor protection, depending on how they are written and the type of trust used. 

Not Making Arrangements for Your Children

If you have minor children, you probably do not even want to consider the possibility that your children could be left without a parent. This is normal. However, you must set aside that discomfort momentarily to make sure your children are protected in your estate plan. 

Property cannot be left directly to a minor, no matter how mature they are, so you will need someone to manage your children’s inheritance for them until they come of age. You will also want to name the person you would want to raise your children in your absence.

Failing To Plan for Incapacity

An important part of estate planning is planning for the possibility that you may become disabled later in your life. Failing to account for incapacity could mean that you will have little or no say over who will manage your health or finances should you fall ill. If you have preferences about how you would want to be cared for or who should make decisions for you, you can make them known in your powers of attorney and living will.

One of the best ways to avoid these pitfalls and more is to work closely with an attorney to build a comprehensive estate plan. A strong, multi-faceted estate plan can offer tremendous benefits to both you and your loved ones.

When Should You Begin Making Plans for Your Estate?

The best time to begin estate planning is before you think you need it. Many people wait until retirement, illness, or a family emergency. That can make the process harder. A better time is when you become an adult, buy a home, get married, have a child, or start a business.

You should update your plan when life changes. Review it after a marriage, divorce, birth, adoption, death in the family, move, home purchase, or major change in assets. You should also review it if an executor, trustee, guardian, or agent can no longer serve. Even without a major life event, checking in every few years is usually for the best.

Good First Steps for Estate Planning in DuPage County

Estate planning does not have to happen all at once. Start with the basics, ask questions, and update your plan as your life changes. A good first step in the estate planning process is to set up your will. Common assets in a will can include your home, bank accounts, retirement accounts, life insurance, vehicles, business interests, and valuable personal items.

After you make a will, have it reviewed by an experienced estate planning attorney. Online forms may not be able to account for all of your wishes. A lawyer can check for missing details, unclear wording, or signing problems. This can help your family avoid confusion later.

Tips for Making Sure That Your Wishes Are Followed in Your Estate Plan

Making an estate plan involves putting your trust in other people to follow your instructions. While there are no guarantees that everything will go exactly as planned, you can take steps to make things easier:

• Put your wishes in writing. Your instructions should be in properly signed estate planning documents.

• Pick the right people for important roles. Your executor, trustee, guardian, or agent should be dependable and able to handle paperwork, deadlines, and pressure from others.

• Check the details every few years. Review names, addresses, assets, and beneficiary forms. This is especially important after marriage, divorce, a birth, a death, or a major change in property.

It also helps to keep your original documents in a safe, but accessible place. Tell a trusted person where they are. Do not leave your family searching through drawers, boxes, or old computer files. Clear documents, current information, and careful storage can go a long way toward making sure your wishes are followed.

Call a DuPage County, IL Wills and Trusts Attorney

If you are ready to begin building your complete estate plan, A. Traub & Associates is ready to help. Our Wheaton, IL estate planning lawyers are experienced at creating plans that account for a variety of possibilities and keep you and your beneficiaries protected. Call 630-426-0196 for a confidential consultation.