Many married couples in Illinois share the same simple estate plan in 2026: Everything goes to the surviving spouse. This approach feels natural. You trust your spouse completely. You want them protected. The planning seems straightforward.
But this common strategy quietly creates risks that most families never consider until it is too late. Your spouse may receive everything you own, but what happens after that is completely outside your control. Remarriage, creditors, family conflict, and poor decisions can drain the wealth you spent decades building. Your children may receive nothing. Your legacy may disappear entirely.
Understanding these risks does not mean you do not trust your spouse; it just means you recognize that circumstances change, and legacy planning requires more than good intentions. Our Kendall County estate planning and asset protection attorney explains more.