When is a Revocable Living Trust a Good Idea?

 Posted on August 20, 2025 in Estate Planning

For many families, estate planning begins with a will. While a will provides direction for how your property should be handled after death, it often requires probate, a public court process that can be expensive and time-consuming. A revocable living trust, by contrast, can give you far more privacy, control, and flexibility. But is it always the right choice?

A revocable living trust is an arrangement where you transfer ownership of your property into a trust during your lifetime, while still retaining full control. You act as the trustee, managing your own property. When you pass away, your successor trustee distributes the assets according to your instructions, without the need for probate.

If you are interested in learning more about revocable living trusts and whether they would suit your family’s needs, call our DuPage County estate planning attorneys today. 

Benefits of a Revocable Living Trust

The most well-known benefit is avoiding probate. Probate can last months or even years and often costs thousands of dollars in legal fees. With a properly funded trust, your family can usually handle the transition of assets more quickly and privately.

Another major benefit is continuity in case of incapacity. If you become unable to manage your affairs due to illness or injury, your successor trustee can step in and handle your financial matters. This avoids the need for a guardianship proceeding in court.

A trust also provides flexibility for families. For example, you can include instructions for how and when your children receive their inheritance, instead of leaving them a lump sum all at once. For blended families, you can structure distributions in a way that balances the needs of a spouse and children from a prior marriage.

Finally, a trust can be especially valuable if you own property in multiple states. Without a trust, your estate may require probate in each state where you own real estate. A trust allows all those properties to be transferred under one plan.

When a Trust Might Not Be Necessary

Not every family needs a revocable living trust. If your estate is small, your property may qualify for Illinois’ simplified probate procedures. Some families with only basic assets like a home, bank accounts, and retirement savings can use joint ownership and beneficiary designations to avoid probate.

A trust is also not a tool for reducing estate taxes. Since it is revocable, it remains part of your taxable estate. Families with significant wealth may need to explore additional estate planning strategies.

Consider Your Goals When Making Your Estate Plan

A revocable living trust is a good idea if you want:

• To simplify the process for your loved ones after death

• To plan for incapacity

• To maintain privacy

• To ensure customized distribution of your property

If these are your priorities, a trust can give you peace of mind. But because every family is different, it is best to sit down with an attorney who will take the time to listen and understand your needs.

At our firm, we pride ourselves on being an intimate practice. We are communicative, approachable, and committed to treating clients like family. Attorney Stefanczuk is a first-generation Polish attorney, fluent in Polish, and deeply active in the Polish community for over 11 years. Our goal is to make sure you feel comfortable and informed at every step of the estate planning process.

Call Our DuPage County, IL Estate Planning Lawyer

If you are considering whether a revocable living trust makes sense for your situation, call Whitacre & Stefanczuk LTD at 773-622-6100 to schedule your free consultation. Our Cook County revocable living trust attorneys have helped countless families across the community create estate plans that reflect their values and protect their loved ones. Contact us today to learn whether a revocable living trust is right for you. We speak Polish – Mówimy po polsku.