Frequently Asked Questions

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You’ve got estate planning questions? We’ve got estate planning answers.

DISCLAIMER: The responses below are not intended to be legal advice nor are they intended to establish an attorney-client relationship. You should always consult an attorney you trust before beginning or changing you estate plan.

O’Brien Estate Law FAQ

How is O’Brien Estate Law different?

Working with an estate planning attorney can be uncomfortable and we do our best to make it as comfortable as possible. O’Brien Estate Law listens to you and walks you through every step of the way. We understand that, in most cases, only estate planning lawyers actually find estate planning discussions “fun.” Also, we know many people spend their life avoiding estate planning until it’s too late. We get it. That’s partly why we take the time to learn about every client and understand their needs. Estate plans come in all different forms and many may not fit you. It is important to work with an estate planning attorney who recognizes the difference and knows what will work for you. O’Brien Estate Law specializes in estate planning. We aim to give you peace of mind knowing you put an estate plan in place that’ll work when your family needs it.

What is estate planning?

Estate planning can mean many things. When you work with O’Brien Estate Law, we consider estate planning to be two parallel avenues. First, we talk with you about what you want out of your estate plan. We listen to your needs and wants and flag any potential issues when we see them. The second avenue is where we prepare the right legal documents with the right language. Different documents apply to different situations. We work with you to make sure your plan will take care of your loved ones the way you would.

What is the difference between a will and a trust?

A will is a legal document that outlines how your assets will be distributed after your death. A trust is a legal arrangement where you transfer ownership of your assets to a trustee. The trustee manages your assets. A trust can help you avoid probate and may offer tax benefits. Whether or not a trust is right for you is something we can talk about when we meet.

What is a living trust?

A living trust is a legal document that allows you to transfer your assets into a trust during your lifetime. A trustee manages the trust and is responsible for distributing the assets to your beneficiaries according to your wishes.

What are the benefits of a living trust?

A living trust can help you avoid probate, which can be a lengthy and expensive process. It also provides more privacy than a will, which becomes a matter of public record after your death. Additionally, a living trust can be designed to provide for your kids or adult dependent children the way you want them provided for.

What is a power of attorney?

A power of attorney is a legal document where you appoint someone to act on your behalf in financial or legal matters. This may be helpful if you become incapacitated or unable to make decisions for yourself.

What is the purpose of a power of attorney?

A power of attorney allows someone you trust to make decisions about your healthcare or finances. This can include managing your finances, paying bills, and making medical decisions if you are unable to do so. By creating a power of attorney, you can ensure that your affairs are managed according to your wishes even if you are unable to manage them yourself.

Aren’t all estate planning attorneys the same?

Arguably, all competent estate planning attorneys have similar knowledge, but many estate planning attorneys have different approaches. At O’Brien Estate Law, we pride ourselves on taking the time to discuss each client’s situation and learn as much as possible about how they want things to look. We are focused on the client experience and working with individuals and families in all their different forms.

Won’t I save money using an on-line provider?

Yes. You sure will. If you simply want to check a box, you should save your money and use an online provider. However, remember that everyone’s situation is different and you may want to work with an attorney who recognizes your unique situation and will make sure your home and your loved ones are cared for the way you would care for them. When you work with O’Brien Estate Law, you work with an attorney who will take the time to listen to you and build a plan that is right for you where you are today and will grow that plan as you grow.

Can I actually afford an estate planning lawyer?

You know your financial position best and we are not financial planners. That said, having no plan in place, or the wrong plan in place, will be more expensive for your family in the long run. O’Brien Estate Law, LLC will work with you to determine the best approach for payment depending on your situation. O’Brien Estate Law, LLC will never hit you with surprise charges. We will tell you our fees up front before either of us commits to moving forward. Barring dramatic changes in situations during the time we are working with you, what we quote you is what you are charged. We don’t hide costs or fees. In almost all cases, our billing is flat rate. We do not charge by the hour and we are transparent with all of our charges and what you get for the money.

Can’t my accountant or financial planner plan my estate?

No. You wouldn’t go to an attorney for financial planning and you shouldn’t go to an accountant for legal matters. A competent financial planner or accountant can help you plan your financial future, tax planning, investment income, or other financial related matters. But, any accountant or financial planner who wants to help you set up a trust or other estate plan may be committing unauthorized practice of law. Bottom line: see the right expert for your needs.

What will this cost me?

Estate planning at O’Brien Estate Law, LLC is not one size fits all. We offer levels of planning to suit your varying needs. Whether you’re just starting out or you’re ready to retire, we can build a plan that fits where you are today and where you want to be. Typically, our fees range between $2,500 for the most basic plans up to $8,000 on the high end for a more extensive plan that addresses tax considerations and provides significant asset protection. Quality estate planning is an investment. And we want you to feel good about your investment. When we meet, we can discuss options for payment that will fit your situation.

What do you mean when you say “the unthinkable”?

I hate to be the one to break it to you, but unless you are a deity, a vampire, or other mythical creature, someday you will die. It is an inevitability. There is also a possibility, though not as certain as death, that you could become incapacitated in some way. So, isn’t it better to plan ahead and make sure you set things up the way you want them and go out on your terms?

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Call: 708-613-5124
Text: 312-813-9202

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1011 Lake Street, Ste 418
Oak Park, Illinois 60301

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