Will or Trust? What Sugar Grove Families Need to Know About Protecting Their Legacy

 Posted on October 22, 2025 in Estate Planning

Every family wants to leave a lasting legacy, one that protects loved ones, passes assets forward, and honors final wishes. In Illinois, the two most common estate planning tools for accomplishing these goals are wills and trusts. While both help distribute property after death, they work in different ways. Understanding those differences is the first step to building a plan that truly fits your family.

At Gateville Law Firm, our Sugar Grove estate planning attorney explains the difference between wills and trusts in clear, simple terms. We design customized estate plans designed to prevent family arguments, lower your estate taxes, and give your family peace of mind.

What Is a Will?

A will, formally called a Last Will and Testament, is a written document that says how your property should be distributed after your death. It allows you to name beneficiaries, appoint an executor to handle your estate, and even designate guardians for your minor children.

Wills are governed by the Illinois Probate Act (755 ILCS article 5), which requires the will to be signed by the testator (the person creating it) and witnessed by two other people.

However, a will must go through probate, which is the court process of settling debts and transferring property. Probate can be time-consuming and public, often taking several months or more. Many families prefer to avoid probate when possible to protect their privacy and speed up the distribution process.

What Is a Trust?

A trust is a legal arrangement that allows a third party, called a trustee, to hold and manage assets on behalf of beneficiaries. The most common type used in estate planning is a revocable living trust, which can be changed or revoked at any time during your lifetime.

A trust allows your assets, such as your home, bank accounts, and investments, to transfer directly to your beneficiaries without probate. It can also provide instructions for managing assets if you become incapacitated, something a will cannot do.

Because a trust takes effect while you are alive, it offers greater flexibility and control. It can also protect your estate if you own property in multiple states, have a blended family, or want to set limits on when and how heirs receive their inheritance.

Do I Need a Will or a Trust?

Choosing between a will and a trust depends on your personal and financial situation. In many cases, families use both. A will can handle matters not covered by a trust, while the trust manages major assets privately and efficiently.

You may want to consider a trust if you:

• Own real estate or significant financial assets

• Want to avoid probate court

• Have a blended family or complex inheritance wishes

• Need ongoing management of assets for children or relatives

• Want to protect a loved one with special needs

A simple will may be enough if your estate is small, your wishes are straightforward, and you do not mind the probate process. However, it is always best to discuss your goals with an experienced estate planning attorney before deciding.

Contact a Sugar Grove, IL Estate Planning Lawyer

Whether you are starting from scratch or updating an existing plan, contact a Kane County, IL wills and trusts attorney at Gateville Law Firm. With over 20 years of experience and a commitment to protecting families in Kane County, we make your family’s future our top priority. Call 630-780-1034 today to schedule your free consultation.