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Naperville Estate Planning Attorneys

Our experienced Naperville estate planning lawyers provide tailored wills, trusts, and probate services to protect your family’s future. With transparent pricing and client-first service, we make estate planning simple.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

How can our Naperville Estate Planning Attorneys help you?

We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

Learn how we service your area through our Remote Location Approach.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Naperville Estate Planning Attorneys:

Understanding Estate Planning Legal Services

Estate planning involves creating a plan to manage property and healthcare in case of disability or death. Our trust and estate attorneys can put together a comprehensive plan that covers your needs.

Comprehensive legal counsel for estates ensures assets are distributed as desired, protecting beneficiaries from unnecessary legal complexities. Estate planning minimizes estate and death taxes, helps avoid probate by transferring assets before death, and prevents family disputes over inheritance. It is also crucial to settle all debts and expenses to simplify the estate settlement process.

Estate Planning Documents

Estate planning documents include wills, trust agreements, beneficiary designations, and powers of attorney, with specific provisions to ensure one's wishes are clearly defined.

These documents may also include deeds to transfer real estate to a living trust and changes of ownership of financial assets. Additionally, cash can be transferred into a living trust, allowing the trustee to manage it along with other assets.

For those who own a business or have descendants who would inherit some or all of a business, estate planning documents can be used to alter the structure of a business and effect change in control and ownership.

A living will declaration is a statement given directly to a doctor that makes clear one’s wishes as to how he or she would want to be treated when death is imminent. Income tax implications are significant, as income from a living trust is reported on the grantor's tax return.

Powers of attorney provide for another person to manage a person’s property and the payment of their bills during incapacity. An agent, acting on behalf of the principal, can make critical decisions regarding health care, finances, and property. Limited powers of attorney grant the agent narrower, defined abilities, as opposed to a general power of attorney.

Estate Tax Planning

  • Estate tax planning involves understanding the three distinct aspects of federal wealth transfer taxes.
  • The federal estate tax exemption amount is $11,580,000, but the exemption expires in 2025 unless extended by Congress.
  • The Illinois estate tax threshold amount is $4,000,000, and an estate with even $1 over that amount is subject to tax on the entire amount.
  • Charitable remainder trusts can be used to minimize estate taxes and provide a steady income stream, while also considering income tax implications.

Asset Protection Strategies

  • Asset protection strategies involve protecting assets from public scrutiny and reducing taxes.
  • Living trusts can be used to transfer assets from your name to the name of your trust and provide protection while you are living.
  • Irrevocable trusts can be used to protect assets from creditors and reduce estate taxes.

Living Trusts: A Key Component of Estate Planning

A living trust is a crucial component of a comprehensive estate plan. It is a legal document that allows you to transfer ownership of your assets to a trust, which is managed by a trustee, typically yourself, during your lifetime. Upon your death, the trust assets are distributed to your beneficiaries according to your wishes, avoiding the need for probate court. Living trusts can provide peace of mind, asset protection, and tax benefits. There are two types of living trusts: revocable and irrevocable. Revocable living trusts can be changed or terminated during your lifetime, while irrevocable trusts are permanent and cannot be changed once created.

Estate Planning for Specific Situations

Estate planning is not a one-size-fits-all solution. When you need estate planning legal services, different situations require unique estate planning strategies. For example, individuals with minor children may need to create a testamentary trust to manage their assets until the children reach adulthood. Those with special needs loved ones may require a special needs trust to ensure their loved one’s needs are met without jeopardizing government benefits. Business owners may need to create a business succession plan to ensure the smooth transfer of ownership and management.

Working With Our Trust and Estate Attorney

When you work with us, we provide you with peace of mind and ensure that your estate plan is comprehensive and effective. We can also help you update your existing estate plan to reflect changes in your life, such as the birth of a child or the acquisition of new assets. Call us today at 630-324-6666.

Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

1515 Legacy Cir., Ste. 1A

Naperville, IL 60563

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

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- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Naperville Estate Planning Attorneys

The 8 Goals Of A Good Estate Plan

Watch Our Video

Is A Revocable Living Trust Appropriate For Me?

In this article, our Naperville estate planning lawyers explain when revocable living trusts are appropriate in your estate plan. Revocable living trusts are appropriate for anyone who:

  1. Owns their home or other real estate (even if there is a mortgage); OR
  2. Has more than $100,000.00 of non-real estate assets; OR 
  3. Wants to have long-term control of how their assets are handled after they pass, such as:

(a) divorcees who do not want their ex-spouses to gain control of assets intended for minor children; or

(b) families with children younger than 30 who do not want their children to have unfettered access to their inheritance before reaching an age where they will act responsibly.   

Read more from our Naperville estate planning lawyers about revocable living trusts.

Watch Our Video