Based on my experience as an estate-planning attorney, it’s hard to imagine anyone who doesn’t need to be involved in the fundamental questions and choices about their own life and death.

Let me show you some examples:

• Single, age 25
• Married, age 35, three minor children
• Divorced, age 40, three minor children
• Single, in a committed relationship, age 50, no children
• Married, age 60, adult children
• Widowed, age 70, adult children

Single, age 25.

Many young adults believe that they are indestructible and that they don’t need estate planning. Most are unaware that their parents may not have an immediate right to assist in their care if they become seriously ill or injured.  Powers of Attorney are needed.

Many young adults think that they don’t have enough property to make a Will or Trust necessary.  However, the real question is whether they want the State of Illinois to decide who gets their property or whether they want their property to be used for needless probate expenses.  In almost every case, there’s a real benefit in having an estate plan.

Married, age 35, three minor children.

Powers of Attorney are needed so that your spouse can make decisions regarding health care issues and financial decisions on a jointly-owned property in case of serious illness or injury to you.  Successor agents should be named in case your spouse is also incapacitated.

Wills and/or Trusts should be in place in case of an unexpected death.  Without these documents, one-half of your estate will go to your minor children, and your spouse will have to go to the Probate Court in order to manage the assets of your minor children.

You must designate your best choice for guardians for your minor children, in the tragic event that both you and your spouse die unexpectedly.  Otherwise, there can be nasty fights among family members about who and what will be best for the children.

Divorced, age 40, three minor children.

Powers of Attorney are especially important because your ex-spouse is no longer presumed to be your choice.  Many divorced persons choose their family members or friends as agents for health care and financial decisions.  Successor agents should be named in case the primary agent is unable to act.

Wills and/or Trusts are necessary to maintain your property in trust for your minor children and to avoid the intrusion of the Probate Court into their financial affairs.  The trustee can use the property for the support and education of your children.  The final distribution of your property can be retained until your children are old enough to manage the assets.  If you have a Revocable Trust, your successor trustee can easily manage your affairs, if you become incapacitated.  You should designate your choice for a guardian of the person of your minor children if your spouse should also pass away.  You can designate the best person to manage the financial affairs of your minor children and properties which aren’t included in your Will or Trust.

Single, in a committed relationship, age 50, no children.

The laws of Illinois do not recognize the existence of a committed relationship, except in the case of marriage. Even if you’ve been with your “life partner” for 20 years or more, Illinois statutes give a priority to the brother you haven’t spoken to since the 90s.

Whether you’re a same-sex couple or a couple who doesn’t wish to marry, estate planning is the ONLY way to demonstrate and legally validate your commitment.  Estate planning is the ONLY way to make your “significant other” an active participant in making decisions for you and to inherit from you.  Otherwise, your biological family is free to exclude the ones you care most about.

A Power of Attorney for Health Care is required to allow your partner to make medical care and end-of-life decisions for you.  Your partner can also be excluded from your hospital room if you haven’t designated him/her on a Power of Attorney.

A Power of Attorney for Property is required for your partner to make financial decisions, pay your bills, etc. during a period of your incapacity.  Many times your “adopted” family is more in tune with your needs and lifestyle than your biological family.  It is important that the ones you trust the most are designated as your agents and successor agents.

Your life partner has no statutory right to inherit from you.  Even if the two of you have lived together for 30 years in a home owned by you, your partner has no right to stay in the home after your death.

If you don’t have a Will or Trust, your property will be divided among your brothers, sisters and parents by the Probate Court.  If you don’t have a Will or Trust which gives your property to your partner, he/she will get nothing and may have to significantly downgrade his/her remaining life.

Married, age 60, adult children.

Most of my clients in this group want their spouse to be in a decision-making role if the client becomes incapacitated.  However, this is not always the case, and there is always the question of which child should act in case both parents are incapacitated by injury or disease.

It is important that Powers of Attorney are prepared so that your choices regarding who will make decisions on your behalf are clearly set out and are enforceable if there are intra-family squabbles.

A Will and/or Trust is required to divide your property upon your death.  If you are in a second marriage, part or all of your property can be used for your wife’s support.  On her death, your remaining assets can be divided among the children of your first marriage.  If your estate will be subject to federal and Illinois estate taxes, you can take steps to maximize your gifts to your family and to minimize your tax burden.

A funded Revocable Trust will greatly simplify the management of your property if you become disabled and will eliminate the need to involve the probate court in your care.

Widowed, age 70, adult children.

At this age, Estate Planning can be most appreciated and comforting.  Your husband or wife are gone, and most illusions of indestructibility are waning.  There is a deep-felt satisfaction in taking control during your remaining years.

Powers of Attorney are necessary for you to designate who you want to make decisions for you if you’re disabled, and to establish a list of first, second and third choices.  Your views regarding life-sustaining procedures and other end-of-life issues must be detailed and discussed with your agents.

A Will and/or Trust is required to divide your property upon your death.  If your children or grandchildren have any special needs or problems, you can create a trust for their benefit.  You may also consider giving a portion of your estate to a charity that has special meaning for you or your family.

Again, a funded Revocable Trust will greatly simplify the management of your property if you become disabled and will eliminate the need to involve the probate court in your care.  You may decide to resign as a trustee and relieve yourself of the financial responsibilities.