Estate planning is not something that many of us like to think about. After all, who wants to imagine when they won't be around to care for their loved ones? However, it is a reality we all must face at some point. Without proper estate planning, our loved ones can be confused and uncertain when distributing our assets after we pass away. In this article, we'll discuss what can happen to your children with no estate planning in Illinois and why estate planning is essential.

If you're like most parents, your children are the most important thing in your life. You want to ensure they're taken care of and have everything they need to succeed. However, your children could be left with financial uncertainty if you don't have an estate plan. Without a will, the state of Illinois will determine how your assets are distributed after you pass away. This means your children may not receive the inheritance in the manner and/or timing you intended.

Moreover, if you have young children, it's crucial to have a plan for their care in the event of your untimely death. An estate plan can include naming a guardian for your children and setting up a trust to ensure that they are financially taken care of. Without these provisions, your children could end up in the care of someone you wouldn't have chosen or without the financial means to provide for them adequately.

Estate planning is also important if you want to minimize taxes and other expenses that can eat into the value of your estate. With a proper estate plan, you can use strategies like gifting and charitable giving to reduce your estate's tax liability. You can also designate beneficiaries for your life insurance policies and retirement accounts, ensuring that these assets pass directly to your loved ones without going through probate.

Also, most parents are unaware that their minor child should not named as a beneficiary to assets, such as life insurance policies and/or retirement accounts. Why is that?  Well, in Illinois, if a minor is named as a beneficiary to a life insurance policy or retirement account, there are several potential consequences. 

Just to name a few...

Firstly, if the minor is under 18 years old, they are not legally able to receive the proceeds of the policy or account directly. Instead, the proceeds will be paid into a court-supervised guardianship account until the minor reaches the age of majority.

Secondly, because a guardianship account is court-supervised, there will be costs associated with establishing and maintaining the account. These costs can include legal fees, court fees, and accounting fees, which can significantly reduce the amount of money that ultimately goes to the minor.

Perhaps most importantly, estate planning gives you peace of mind. Knowing that you have a plan in place for the care of your children and the distribution of your assets can be incredibly comforting. It's a way to fulfill your wishes, even if you're not there to oversee the process.

In conclusion, estate planning is essential to ensure that your children are taken care of and that your assets are distributed according to your wishes. Without an estate plan, your loved ones could be left with uncertainty and financial hardship. In Illinois, estate planning is something that should be done by everyone, regardless of their age or financial situation. So don't delay - start estate planning today!