At the Law Office of Jonathan W. Cole, we often remind clients that estate planning is not a “set it and forget it” task. A recent Illinois appellate case — Johnson v. Johnson (Ill. App. Ct., 2023) — serves as an important reminder of how failing to update your estate plan after major life changes can lead to unintended and costly outcomes.
The Case: What Happened in Johnson v. Johnson
In Johnson v. Johnson, the decedent had created a will leaving his entire estate to his brother. Later in life, he adopted his adult stepchildren but never updated his will to include or exclude them. After his death, the court ruled that the adopted children were entitled to inherit because the will did not explicitly disinherit them.
This decision underscores a simple but powerful truth: Illinois law generally treats adopted children the same as biological ones for inheritance purposes. If your estate documents don’t reflect your current family situation, the law may make decisions for you — and they may not align with your wishes.
When to Review Your Estate Plan
You should review your estate plan with a qualified attorney whenever there’s a significant change in your life, family, or finances. Common examples include:
- Marriage or divorce
- Birth or adoption of a child or grandchild
- Death of a spouse or named beneficiary
- Significant changes in assets or business interests
- Relocation to another state
- Major health events or changes in care needs
- Appointing or removing an executor, trustee, or guardian
Even without major changes, it’s wise to review your documents every three to five years to ensure they still reflect your goals and comply with current Illinois law.
How We Can Help
At the Law Office of Jonathan W. Cole, we guide families through every stage of the estate planning process — from creating wills and trusts to reviewing and updating them as life evolves. Our mission is to make sure your wishes are honored, your loved ones are protected, and your estate plan remains clear and enforceable.
Don’t wait until it’s too late. Call (708) 529-7794 today to schedule a review of your estate plan. We’ll help you ensure it’s up to date, legally sound, and tailored to your current needs and goals.
