Estate Planning & Probate
A Plan That Protects Every Generation
Watch this short video to see how estate planning and probate at Joerika Stitt Esquire, LLC protect the people and the legacy you have worked a lifetime to build.
Transparent Pricing
Estate plans start at $3,500 for individuals and families with straightforward asset structures. Estates with significant assets, business interests, real property, or complex family situations are quoted individually after consultation — ensuring your plan reflects the full scope of what needs to be protected.
Our Services
-
Estate Planning Overview
A well-structured estate plan provides clear distribution of assets, protection for minor children, trusted decision-makers for your healthcare and finances, and a reduced risk of future family disputes. Plans are drafted to reflect your actual family dynamics, financial structure, and long-term goals — never generic templates — and are typically handled on a fixed-fee basis, so you move forward with clarity about both scope and investment.
-
Revocable Living Trust
A revocable living trust is the cornerstone of a comprehensive Illinois estate plan. Unlike a will, a trust transfers your assets to your beneficiaries privately and without probate — meaning no court involvement, no public record, and no delay. During your lifetime you retain full control of the trust and everything in it. You can amend it, revoke it, or add assets at any time. At your death or incapacity your named successor trustee steps in immediately — no waiting, no court approval, no disruption to your family.
Right for you if: You own real estate, have significant assets, want to avoid probate, or want privacy in how your estate is distributed.
-
Irrevocable Trust
An irrevocable trust permanently transfers assets out of your estate — providing powerful protection against creditors, Medicaid spend-down requirements, and estate tax exposure. Once established the terms generally cannot be changed, which is precisely what makes it effective as a shield. Irrevocable trusts are particularly valuable for high-asset individuals, business owners, and families planning for long-term care or special needs situations.
Right for you if: You have significant assets you want to protect from creditors or future care costs, you are engaged in Medicaid planning, or your estate may be subject to federal estate tax.
-
Last Will and Testament
A will is the foundational document of any estate plan — directing how your assets are distributed, naming an executor to carry out your wishes, and if you have minor children, designating a guardian. Without a will Illinois law decides who receives your assets and who raises your children. A properly drafted will ensures your intentions are legally enforceable and reduces the likelihood of family disputes after your death.
Right for you if: You want to control who receives your assets, who manages your estate, and who cares for your minor children.
-
Pour-Over Will
A pour-over will works in conjunction with your revocable living trust. It serves as a safety net — capturing any assets that were not transferred into your trust during your lifetime and directing them into the trust at your death. This ensures that everything you own ultimately passes according to your trust's terms, even if you forgot to retitle an account or acquired new assets without updating your plan.
Right for you if: You have a revocable living trust and want to ensure no asset falls outside its protection.
-
Durable Power of Attorney for Property
A durable power of attorney for property designates a trusted person — your agent — to manage your financial affairs if you become incapacitated. Your agent can pay bills, manage investments, handle real estate transactions, and conduct business on your behalf without court intervention. Without this document your family may be forced into an expensive and time-consuming guardianship proceeding simply to manage your finances during your illness or recovery.
Right for you if: You want a trusted person to manage your finances without court involvement if you are ever unable to do so yourself.
-
Healthcare Power of Attorney
A healthcare power of attorney designates a trusted person to make medical decisions on your behalf if you are unable to communicate your wishes. This is one of the most important documents in any estate plan — and one of the most overlooked. Your healthcare agent can consent to or refuse treatment, communicate with your medical team, and ensure your wishes are honored when you cannot speak for yourself.
Right for you if: You want a trusted person to make medical decisions for you if you are ever incapacitated — which is every adult.
-
Living Will — Advance Directive
A living will — also called an advance directive — documents your specific wishes regarding end-of-life medical treatment. It addresses questions like whether you want life-sustaining treatment continued if you are in a terminal condition, a persistent vegetative state, or an incurable condition with no reasonable prospect of recovery. A living will removes the burden of these decisions from your family at the most difficult moment of their lives.
Right for you if: You want to document your end-of-life treatment wishes so your family and medical team have clear guidance when it matters most.
-
HIPAA Authorization
A HIPAA authorization allows your designated individuals to access your protected health information. Without it your family members — including your spouse — may be legally prohibited from speaking with your doctors or receiving information about your condition. This simple document ensures the people you trust can stay informed and involved in your care.
Right for you if: You want your family to be able to communicate with your healthcare providers about your condition and treatment.
-
Beneficiary Deed — Transfer on Death Instrument
Illinois allows real property to be transferred at death through a Transfer on Death Instrument — also called a beneficiary deed. This document allows your home or other real property to pass directly to your named beneficiary without probate, without a trust, and without court involvement. It is one of the simplest and most effective tools for keeping real estate out of the probate process.
Right for you if: You own real estate in Illinois and want it to transfer directly to a beneficiary at your death without probate.
-
Special Needs Trust
A special needs trust preserves a beneficiary's eligibility for government benefits — including Medicaid and Supplemental Security Income — while still allowing them to receive an inheritance or financial support. Without this planning structure a direct inheritance can disqualify a disabled beneficiary from the benefits they depend on. A properly drafted special needs trust ensures your loved one is provided for without jeopardizing their care.
Right for you if: You have a family member with a disability who receives or may receive government benefits and you want to leave them an inheritance without disrupting their eligibility.
-
Business Succession Planning
For business owners an estate plan is incomplete without a succession strategy. Who takes over your business if you die or become incapacitated? What happens to your ownership interest? How is your business valued and how are your heirs compensated? A buy-sell agreement, key person planning, and coordinated business and estate documents ensure your business survives your death and your family is protected.
Right for you if: You own a business and have not formally addressed what happens to it — and to your family's financial security — if you are no longer able to run it.
Joerika Stitt, Esq.
Licensed Illinois Estate Planning Attorney
Serving Illinois Statewide
Attorney Stitt's foundation in social work continues to shape how she practices law today. Before becoming an attorney, she spent nearly a decade working within complex family systems — gaining a practical understanding of how families function under pressure, how conflict develops, and how decisions made during transitions can affect generations. Clients consistently say they feel genuinely heard, because careful listening lets her surface what often goes unspoken: family dynamics, quiet priorities, and the long-term risks that thoughtful planning can resolve before they become disputes. Her early courtroom experience in contested matters informs that planning directly — documents are drafted with a clear understanding of how disputes arise, and how to prevent them.
Planning is approached with foresight. Administration is handled with steady oversight. Disputes are addressed with clarity and structure.
Estate Plan Frequently Asked Questions
-
For individuals and families with real property, investment portfolios, business interests, or multistate holdings, a simple will may not provide sufficient structure. A trust-based plan can reduce probate exposure, maintain privacy, coordinate asset management during incapacity, and create clearer long-term administration. Trust planning also allows for more detailed distribution provisions tailored to family dynamics.
-
Clear drafting, thoughtful fiduciary selection, and proactive structuring can significantly reduce uncertainty. Many disputes arise from ambiguity, unequal expectations, or unclear authority. A carefully structured plan anticipates potential tension points and addresses them before they escalate into litigation.
-
Yes, when properly structured. Trust-based planning can include protective provisions that safeguard inherited assets from divorce claims, creditor exposure, or premature distribution. These tools allow wealth to pass to future generations with greater stability and oversight.
-
Business interests require coordination between corporate documents, operating agreements, buy-sell provisions, and estate planning instruments. Proper planning ensures continuity, avoids disruption in management, and clarifies succession in the event of incapacity or death.
-
Without properly executed powers of attorney and healthcare directives, loved ones may be forced to seek court-appointed guardianship to manage your affairs. This process can be time-consuming, public, and emotionally difficult. Structured planning allows trusted individuals to act on your behalf without unnecessary court involvement.
-
Estate plans should generally be reviewed every three to five years, or sooner if there are significant life changes — such as marriage, divorce, business growth, relocation, the birth of children or grandchildren, or changes in tax law. Regular review ensures the plan remains aligned with your current circumstances.