Should I Use a "Revocable Living Trust" Instead of a "Will" in Illinois?

 Posted on July 15, 2025 in Estate Planning

If you are beginning to think about planning for the future of your estate, one of the first decisions you will face is whether to obtain a "Will",or  a "Revocable Living Trust", or both. Each option has benefits and drawbacks. 

A "Revocable Living Trust" can help your family avoid probate, but it is not the right choice for everyone. An experienced Oak Park, IL estate planning lawyer can help you understand how each document works under Illinois law so you can make an informed decision.

How Are "Wills" and "Revocable Living Trusts" Different?

A "Will" just states how you want your property distributed after your death, and can also include naming who you would like to act as a guardian for any minor children, plus you will name an "Executor" who will see to it that the terms of your "Will" are met. In Illinois, in some but not all situations, "Wills" may have to go through probate court before assets can be distributed.

A "Revocable Living Trust" allows you to transfer ownership of your assets to the "Trust" while you are still alive. You then act as the "Trustee" of your "Trust", and so you maintain full control over your assets. You can add items to, or remove property from, your "Trust", you can always change the beneficiaries of your "Trust", or you can even revoke your "Trust" at any time. After your death, the person you named in your "Trust" as your "Successor Trustee" will distribute and manage your estate according to your wishes, as you expressed them in your "Trust", without needing to go through probate.

Why Do Some People Prefer a "Revocable Living Trust"?

Many Illinois residents choose to obtain a "Revocable Living Trust" because it allows their families to:

Avoid Probate

Probate cases usually go on for multiple months, and they involve court fees and public records. A "Trust" helps to keep your financial affairs private and streamlined.

Plan for Incapacity

If you become incapacitated, your "Successor Trustee" can step in without the need for a court-appointed guardian.

Distribute Assets Faster

With no court process, the "Trustee" can start managing and distributing assets more quickly after death.

Maintain Privacy

A "Will" is oftentimes a public record, while a "Trust" remains private.

Does a "Revocable Living Trust" Have Downsides? 

The benefits of a "Trust" over a "Will" are especially valuable for families who own property in multiple states, or want to minimize the stress placed on loved ones. However, you should be aware that there are also downsides to "Trusts". 

A "Revocable Living Trust" requires more upfront effort than a "Will", since you will need to transfer ownership of your assets into the trust, plus you must always keep the "Trust" updated as your life circumstances change. "Revocable Living Trusts" also do not offer special estate tax advantages, and do not provide much protection from creditors and lawsuits. 

Also, if property is not properly transferred into the "Trust", it may still need to go through probate. In many cases, people obtain a "Pour-Over Will" along with a "Trust", which can act to protect assets not included in the "Trust" from having to go through probate.

Do I Still Need a "Will" If I Have a "Trust"?

Even if you obtain a "Living Trust", it is still recommended that you also obtain either a "Pour-Over Will" or a standard "Will", because in your "Will" you can name a "Guardian" for any minor children, you can address any assets that are not transferred into the "Trust", and you can ensure your final wishes are honored. Using both tools together creates a more complete estate plan.

Contact an Oak Park, IL Estate Planning Lawyer

If you are unsure whether a "Revocable Living Trust" might be right for your situation, contact a Hillside, IL estate planning attorney at the Law Office of Vincent C. Machroli, P.C.. We can help you evaluate your various options, and then produce the estate planning documents that meet your goals and best protect your family. Call 708-449-7404 today to get started with a no-charge legal consultation.