Posted on January 20, 2026 in Estate Planning

In the days and weeks after the death of a loved one, you are likely to remain focused on getting back some semblance of normalcy in your life, especially if you were very close to the person who passed away. Just as things start to settle back down emotionally, new concerns can arise when your loved one’s will is presented for probate. When the provisions in the will are finally made known, you may be surprised to learn that your loved one had made some unexpected decisions. Such surprises may lead you to think about filing a will contest, but there are factors to consider before you do so.

At A. Traub & Associates, we know how difficult it can be to review a will while processing a loved one’s death. With over 150 5-star reviews, our Lombard, IL estate administration attorneys have built a reputation for caring advocacy.

Hurt Feelings Don’t Invalidate a Will

The first thing you need to remember is that, following a person’s death, there will almost always be someone who feels that they got ignored, left out, or the short end of the stick. They may have been led to expect a certain portion of the inheritance or a particular piece of property, only to find out later that such "promises" were never formalized in the will. If you feel slighted by your loved one’s decisions regarding his or her will, that is not sufficient grounds for challenging the document.

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 Posted on January 07, 2026 in Estate Planning

In today’s world, you can Google a "how-to" on nearly anything. Want to build a playhouse for your children? There are YouTube videos to show you how. Trying to become a better writer? A quick search can offer you thousands of workbooks, prompts, and exercises. Need a will or a power of attorney document? Countless resources are available to help you skip the "hassle" of hiring an estate planning lawyer. Unfortunately, a do-it-yourself estate plan is rarely a good idea, as even a small mistake can have significant consequences.

Retaining an estate planning attorney may seem unnecessary, especially as you draft your documents. At the very least, however, you should have a lawyer review your will and any other documents before you sign them to ensure that you and your beneficiaries don’t suffer in the long term.

Avoid These Mistakes in Your 2026 Estate Plan

Having a DIY estate plan is better than having no estate plan at all. In fact, a recent study by Caring.com found that only 24 percent of Americans have a will written. However, DIY estate planning forms often leave room for oversights or mistakes that can affect you and your beneficiaries. An attorney can review your plan and help make sure that it reflects your priorities.

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 Posted on December 31, 2025 in Divorce

Divorce and legal separation are different legal processes under Illinois law. While both involve court filings and enforceable orders, they lead to very different legal outcomes. The most important distinction is whether the marriage legally ends.

If you have questions about which option is right for you, our Arlington Heights, IL divorce lawyers can help guide you based on the unique circumstances of your case.

What Does Illinois Law Say About Divorce?

Illinois is a no-fault divorce state. Under 750 ILCS 5/401, a court may grant a divorce when the marriage has irretrievably broken down. The court does not decide who is at fault. Its role is to legally dissolve the marriage and resolve all remaining legal ties. Once the court enters a final judgment, both spouses are legally single and free to remarry.

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 Posted on December 29, 2025 in Estate Planning

Handwritten wills often appear in movies as a quick way to leave final instructions, but real life is far less forgiving. In Illinois, simply writing down your wishes does not guarantee they will be honored after your death. In short, handwritten wills can be valid, but only if they follow the same formal legal rules as any other will. If those rules are not met, the document may be rejected entirely.

As of 2025, Illinois courts continue to strictly enforce will requirements, even when a person’s intentions seem clear. If you have questions about your will or a family member’s estate, our Schaumburg, IL estate planning lawyers can help you avoid uncertainty. Understanding how Illinois law treats handwritten wills can prevent confusion, disputes, and outcomes you never intended.

Does Illinois Treat Handwritten Wills Differently Than Typed Wills?

Illinois does not give handwritten wills special treatment. The law does not focus on whether a will is handwritten, typed, or professionally prepared. What matters is whether it was executed correctly.

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 Posted on December 14, 2025 in Child Custody

The stakes are high when a parent seeks full custody. These decisions shape where a child lives, where they go to school, and who makes critical choices about their upbringing. Illinois law has moved away from traditional "custody" language, instead using "allocation of parental responsibilities" to determine parenting time and decision-making authority.

A judge will award one parent the majority of parenting time or sole decision-making power only when clear evidence proves this arrangement serves the child's best interests. DuPage County courts follow the framework established in the Illinois Marriage and Dissolution of Marriage Act when making these decisions. Given the complexity of these cases, you should turn to our DuPage County, IL parental responsibilities lawyers for guidance navigating the legal process.

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 Posted on December 09, 2025 in Estate Planning

There is usually minimal legal risk in making a will. You can revoke it at any time as long as you are competent to do so. People choose to revoke and replace their wills for many reasons. A divorce or remarriage often makes an old will outdated, especially if it still leaves everything to a former spouse. The arrival of a child or grandchild is another common reason to update an estate plan so that new family members are included.

Sometimes, priorities simply shift over time, and you may no longer wish to leave certain assets to the same people or organizations you previously wanted to. Whatever the reason, revoking an old will and creating a new one is usually a straightforward process with the right legal guidance. It is best to consult our Lombard, IL estate planning lawyers to make sure that your revocation is legally enforceable.

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 Posted on November 30, 2025 in Powers of Attorney

Establishing an estate plan early and reviewing it often will ensure your wishes are met and that your loved ones are protected. Waiting too long to take care of your estate plan can instead leave your loved ones scrambling to make tough decisions. Having a power of attorney means giving someone the legal authority to make decisions for you. It is essential for helping you and your family in times of need.

Whether you face a medical emergency, develop memory issues, or simply need help managing financial matters, a power of attorney ensures that important decisions will not be delayed. If you have questions, our Arlington Heights, IL estate planning attorneys can guide you through your legal options.

What Does Illinois Law Say About Powers of Attorney?

In Illinois, you can create powers of attorney, which are legal documents, for both property and health care under the Illinois Power of Attorney Act. This law explains how these documents must be signed, witnessed, and executed to be valid.

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 Posted on November 25, 2025 in Divorce

For a stay-at-home mom, getting a divorce can bring unique financial and custody challenges. You may worry about how you will support yourself, where you will live, or how the divorce could affect your relationship with your children. The good news is that you do not have to learn the law overnight. Our Schaumburg, IL, divorce lawyers can help. We will explain your options clearly so that your post-divorce future is less intimidating.

What Are Your Legal Rights as a Stay-at-Home Mom in an Illinois Divorce?

In Illinois, both spouses have rights in a divorce, even if one spouse did not earn an income. The state follows a model of equitable distribution under 750 ILCS 5/503. That means the courts divide property fairly. Judges look at many factors to decide what is fair, including each spouse’s financial and non-financial contributions to the marriage. Sometimes, that means the split is not 50/50.

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 Posted on November 16, 2025 in Child Support

In Illinois, courts use specific guidelines to calculate child support. These guidelines are meant to be fair, but sometimes the amount determined by usual calculations is not enough. Judges can order higher child support when a child’s needs go beyond the basic formula. If you have questions about paying or receiving child support payments, our experienced DuPage County, IL child support lawyers can answer them.

What Is the Basic Formula for Child Support in Illinois?

When calculating child support, Illinois uses an "income shares" model, under 750 ILCS 5/505, that looks at both parents’ incomes and how much each contributes to the total household income.

They also consider factors like how many children you have, how much you pay for health insurance or child care, and how much time you both spend with your child. The goal is to make sure both parents share responsibility for the costs of raising their child.

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 Posted on November 11, 2025 in Wills and Trusts

When planning for the future, many people think a standard will is enough. However, a strong estate plan in Illinois often includes both a last will and a living will. These two documents serve different but equally important purposes. When both are included in one estate plan, your wishes are clearly understood and can be respected in the moments when guidance is most needed. Our Lombard, IL estate planning lawyers can help ensure that your documents are valid and complete.

What Is the Purpose of a Last Will and Testament in Illinois?

A last will becomes effective only after you pass away. It allows you to name an executor who will carry out the instructions you leave in your will, distribute your property to your beneficiaries, and designate guardians for minor children. You can even use it to clarify how sentimental personal items should be distributed, which helps prevent conflict among family members.

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