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What is Estate Planning in a Divorce?

Estate planning, either by will, trust or other instrument, generally means giving what the client has, to a person or entity of the client’s choice, the timing of which the client would control, the manner of disposition the client would control and making arrangements for distribution pursuant to the instructions of the client. Strategic estate planning can preserve family relationships, provide for asset protection concerning third parties, attempt to avoid disputes or contests regarding estate administration or trust administration and can reduce certain taxes, fees and expenses. Those clients that may have a greater need for estate planning may include situations where there is a high net worth, or where clients are in a high risk profession, or clients that may own a business, or clients who live in a nontraditional or blended family, or clients that own commercial real estate or investment real estate, or clients that have loved ones with special needs, or clients that have minor children or clients who have favorite charities.


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When the parties cannot reach an agreement on property division, the Illinois court will divide all the property and debts for them equitably. When a property settlement is finally reached, it must be in writing and signed by both parties.
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