🎧 Listen on Apple Podcasts | Spotify | monahanfirm.com/blog

When most people think about estate planning, they think about what happens after death.
But what if the real crisis isn’t after you’re gone — it’s while you’re still alive, and unable to make decisions for yourself?

That’s the situation we talked about in this week’s episode: the risk of incapacity.

“Incapacity” means losing the legal ability to make your own decisions — from dementia, Alzheimer’s, a stroke, or a sudden accident.

It’s not guaranteed to happen, but if it does, everything changes overnight.
Bills still need to be paid. Medical decisions still need to be made. But suddenly, you can’t make them.

And here’s what surprises almost everyone:
Even your spouse doesn’t automatically have the legal right to step in.

Banks, hospitals, and insurance companies don’t recognize “automatic spousal authority.”
Without a Power of Attorney, your husband, wife, or partner has no more legal authority than a stranger.
Their only option is to go to court for what’s called guardianship — a slow, expensive, and public process.

To get authority, your loved ones have to:

Meanwhile, bills pile up. Decisions are delayed.
And the person who should be helping you is tied up in red tape.

A Power of Attorney avoids all of that.

It’s a simple document you sign while you still have capacity — naming someone you trust to act for you if you can’t.
There are two kinds:

Your chosen agent can act immediately, without waiting for a judge’s permission.

That’s why I sometimes say: powers of attorney are the most overlooked form of insurance.

Most people buy car or homeowners insurance “just in case.” You don’t expect to crash your car or have a fire — but you know the cost of being unprepared is enormous.

It’s the same with incapacity. You may never face it — but if you do, the consequences are devastating. A Power of Attorney is your family’s protection policy against chaos.

Let me give you an example.

Jim and Sue did their planning.
They signed wills and gave each other powers of attorney.
When Jim was injured in an accident and needed emergency surgery, Sue could act right away — no confusion, no delay, no court.

Bill and Edna, on the other hand, kept putting it off.
When Edna suffered a stroke, Bill discovered he had no legal authority to act.
He had to go through guardianship court just to pay her bills. It was slow, costly, and heartbreaking.

Same event. Same risk.
But two very different outcomes — all because one couple planned ahead.

Estate planning isn’t just about what happens after you’re gone.
It’s also about protecting the people you love while you’re still here.

A Power of Attorney is your insurance against the risk of incapacity — a small step now that spares your family from crisis later.

If you already have one, take a moment to review it.
If you don’t, now is the perfect time to put it in place.

📞 Call me at (847) 848-6165
📧 Email me at [email protected]

Or ask about the Estate Planning Confidence Organizer to help you put everything in one place.

When the unexpected happens, your family shouldn’t have to guess:

That’s why I created the Estate Planning Confidence Organizer—a simple tool to help you record all the essential details that only you know.

Start with a free sample, or get the full version on Amazon.

Want to see what’s inside? Get a free sample of the Estate Planning Confidence Organizer—just enter your name and email below.

• Yes, please reach out.
• No, please just send the guide

Ready to get completely organized? The full version of the Estate Planning Confidence Organizer is available on Amazon for just $4.99.

It includes everything you need to leave clear instructions for your loved ones—contacts, account access, document locations, funeral wishes, and more.

With fillable pages, helpful prompts, and a clean, professional layout, it’s an easy way to take the next step in your estate planning journey.

🎧 Listen to the full episode here: Estate Planning Confidence Podcast

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

When people talk to me about estate planning, one of the most common questions I hear is:

“If I go through all the trouble of creating these documents… won’t they just sit in a drawer, gathering dust?”

And my answer is: Yes — and that’s exactly the point.

Think about how insurance works. You pay premiums for car insurance, health insurance, or homeowners insurance “just in case” something bad happens. You’re betting against an accident, an illness, or a fire.

Most of us hope we’ll never actually need to use those policies.

Estate planning is different. No one is going to bet that you’ll never die. That’s a guarantee. So while your documents may sit in a drawer for years, one day they will be needed. That’s why they matter.

A lot of people assume that if they don’t make a plan, nothing happens. In reality, not planning is its own kind of plan.

If you do nothing, Illinois law has a default system for who inherits your property, who manages things, and how your affairs are handled. You might think your spouse automatically gets everything or that the most responsible sibling will be in charge — but that isn’t necessarily the case.

By creating a plan, you’re not just filling out paperwork. You’re taking control instead of letting the state write the rules for your family.

Here’s another angle: estate planning isn’t just about the legal documents. It’s also about making sure your loved ones can find what they need when the time comes.

In most marriages, one person tends to be the “organizer” — the bill-payer, the password-keeper, the one who knows where everything is. If that person passes away first, the surviving spouse may be left scrambling to piece things together.

That’s why I created the Estate Planning Confidence Organizer. It’s a simple way to collect key information — from bank accounts and insurance policies to online logins — so the people you trust can step in without chaos.

I’ve seen the difference this makes.

The contrast couldn’t have been clearer.

Yes, your estate planning documents may spend most of their time sitting in a drawer. But that’s where they belong — ready for the day when they’re needed. Their value lies in the peace of mind they give you now, and the clarity they provide for your loved ones later.

If you already have a plan, this is a great time to review it. If you don’t, let’s start the conversation. Contact me right away.

📞 Call me at (847) 848-6165
📧 Email me at [email protected]

Or ask about the Estate Planning Confidence Organizer to help you put everything in one place.

When the unexpected happens, your family shouldn’t have to guess:

That’s why I created the Estate Planning Confidence Organizer—a simple tool to help you record all the essential details that only you know.

Start with a free sample, or get the full version on Amazon.

Want to see what’s inside? Get a free sample of the Estate Planning Confidence Organizer—just enter your name and email below.

• Yes, please reach out.
• No, please just send the guide

Ready to get completely organized? The full version of the Estate Planning Confidence Organizer is available on Amazon for just $4.99.

It includes everything you need to leave clear instructions for your loved ones—contacts, account access, document locations, funeral wishes, and more.

With fillable pages, helpful prompts, and a clean, professional layout, it’s an easy way to take the next step in your estate planning journey.

🎧 Listen to the full episode here: Estate Planning Confidence Podcast

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

More couples than ever are choosing to live together without getting married. For many, it feels practical — sharing expenses, building a home, and creating a life together. But there’s a hidden problem most don’t realize until it’s too late: the law doesn’t automatically protect your partner.

If you’re not married, the legal system treats you and your partner as strangers — even if you’ve been together for 10 or 15 years. That means if something unexpected happens — an accident, illness, or even death — your partner may have no rights to make decisions on your behalf or inherit anything from you.

In this episode of Estate Planning Confidence, I explain why love isn’t enough when it comes to protecting your relationship and your future — and I share the essential documents every unmarried couple should have in place.

Estate planning isn’t just for the wealthy or the married — it’s for anyone who wants peace of mind. By putting the right documents in place, you decide who matters most and ensure the law respects your choices.

I’ve created a free checklist that walks you through the exact documents unmarried couples need to protect each other. You can download it here:
🔗 Get Your Free Checklist

If you’ve been living together and haven’t taken these steps yet, don’t wait. Protect your partner. Protect your future.

🎧 Listen to the full episode here: Estate Planning Confidence Podcast

When the unexpected happens, your family shouldn’t have to guess:

That’s why I created the Estate Planning Confidence Organizer—a simple tool to help you record all the essential details that only you know.

Start with a free sample, or get the full version on Amazon.

Want to see what’s inside? Get a free sample of the Estate Planning Confidence Organizer—just enter your name and email below.

• Yes, please reach out.
• No, please just send the guide

Ready to get completely organized? The full version of the Estate Planning Confidence Organizer is available on Amazon for just $4.99.

It includes everything you need to leave clear instructions for your loved ones—contacts, account access, document locations, funeral wishes, and more.

With fillable pages, helpful prompts, and a clean, professional layout, it’s an easy way to take the next step in your estate planning journey.

🎧 Listen on Apple Podcasts | Spotify

Most parents assume that turning 18 just means celebrating a milestone, moving into a dorm, or maybe getting a first apartment. But legally, it’s a line in the sand — and if you’re not prepared, that birthday can create some unexpected challenges.

That’s exactly what happened to Anne and Mike, parents of a college freshman named Luke. About three weeks after dropping him off at school, they got a call no parent wants: Luke had been in a bike accident and was taken to the ER.

Panicked, Anne called the hospital — and hit a wall.

“We can’t give out medical information without patient consent,” the nurse said.

Anne pleaded, “But I’m his mother!” It didn’t matter. Luke was 18 now, and legally, she had no right to his medical information.

Thankfully, Luke recovered — but Anne and Mike were left shaken and frustrated. They realized too late that once their son became a legal adult, the rules around decision-making and privacy had changed completely.

Before your child turns 18, state laws give parents automatic authority to make medical decisions and access records. Doctors, hospitals, and schools recognize you as the legal guardian.

But the day your child turns 18, that authority disappears. They are now an adult in the eyes of the law, and three key things happen:

In other words: the door closes unless your young adult chooses to open it again.

The good news? A few simple documents can restore your ability to help your child when it matters most:

You can use the official Illinois Statutory Short Form Power of Attorney for Property to designate someone to act on your behalf for financial and property decisions. This is a key document that allows your young adult to name you (or someone they trust) to make medical decisions if they’re ever incapacitated.

Under the federal HIPAA privacy rules, hospitals and doctors cannot share protected health information with anyone — even parents — unless the adult patient gives written consent. A HIPPA Authorization Gives you the legal right to access medical records and updates — even if they’re awake, alert, and making their own decisions.

Under the federal FERPA law, once your child turns 18 or starts college, you lose automatic access to their grades, tuition records, and disciplinary files unless they authorize it. A FERPA waiver allows you to see educational records, grades, and financial information if needed.

These aren’t just “nice-to-have” documents — they can make an enormous difference in real-life emergencies:

Too many families think of estate planning as something you do later in life, but as Anne and Mike discovered, it’s just as critical when your kids are stepping into adulthood. Planning isn’t about controlling your child — it’s about giving them, and you, a safety net when life throws the unexpected at you.

If your child is approaching 18, now’s the time to act. A few simple documents can make sure you’re not locked out when they need you most.

We’ve created a free resource to help you get started: The Estate Planning Confidence Guide. It walks you through the documents every family should have, explains your options, and shows you how to build a plan that works.

Don’t wait until an emergency to find out you’ve lost your rights. Start planning today — your future self (and your child) will thank you.

🎧 Listen on Apple Podcasts | Spotify

When the unexpected happens, your family shouldn’t have to guess:

That’s why I created the Estate Planning Confidence Organizer—a simple tool to help you record all the essential details that only you know.

Start with a free sample, or get the full version on Amazon.

Want to see what’s inside? Get a free sample of the Estate Planning Confidence Organizer—just enter your name and email below.

• Yes, please reach out.
• No, please just send the guide

Ready to get completely organized? The full version of the Estate Planning Confidence Organizer is available on Amazon for just $4.99.

It includes everything you need to leave clear instructions for your loved ones—contacts, account access, document locations, funeral wishes, and more.

With fillable pages, helpful prompts, and a clean, professional layout, it’s an easy way to take the next step in your estate planning journey.

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we tackle one of the most common objections people have

“I’m too young to need an estate plan.”

It’s one of the most common reasons people put off planning — and on the surface, it sounds reasonable.

If you’re in your 30s or 40s, busy with careers and raising kids, estate planning might feel like something for later… much later.

But as Bob explains in this episode, that mindset misses the point — and could leave the people you love in a difficult spot.

Take Ken and Alex, for example. They’re young parents with two little kids, ages 2 and 4. They were ready to write their wills and name a guardian — an essential step for parents of minors.

Their choice? Alex’s sister, who loves the kids and has a strong bond with them.

But when they asked her, she hesitated. Not because she didn’t want to care for them — but because she wasn’t sure she could afford to. She already had her own kids, a mortgage, and bills.

That’s the part many parents overlook: naming a guardian is only half the job.

If you don’t also give that guardian the means to say “yes” without hesitation, they might decline — and the court could place your children with someone else entirely.

That’s why Ken and Alex’s plan now includes two critical steps:
✅ Buying life insurance to provide financial resources
✅ Setting up a trust to ensure the funds are used for the children’s care, education, and future

As Bob says:

“Planning isn’t just about who — it’s about how. And that’s where life insurance, a trust, or other tools can make all the difference.”

Here’s the takeaway from their story:

So if you’ve been thinking, “I’m too young for an estate plan” — think again. If you have kids, you have a reason. And the time to act is now, not later.

If you’re ready to take the next step, we’ve created a free resource to guide you: the Estate Planning Confidence book — a clear, simple guide to help you get started, stay organized, and build a plan that actually works.

Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.

📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we tackle one of the most common objections people have to estate planning — and it’s one that sounds logical on the surface:

“I’m not rich. I don’t need an estate plan.”

But as Bob explains, that belief rests on two misunderstandings — one external, and one deeply personal.

First, there’s the media image. Estate planning has long been portrayed as something reserved for the ultra-wealthy — the folks with vacation homes, family businesses, and a butler named “Jeeves.” If you’re a regular person with a house, a retirement account, and a checking account, it’s easy to feel like you don’t “qualify.”

But more often, there’s something deeper going on:

“Sometimes when someone says ‘I’m not rich,’ what they really mean is, ‘I’m not important enough. My life doesn’t really matter in the big picture.’”

That’s where the classic holiday movie It’s a Wonderful Life comes in. In this episode, Bob shares the story of George Bailey — a man who believed his life amounted to very little, until an angel showed him what the world would look like without him.

It turns out he had made a profound difference: saving lives, preserving dignity, creating opportunity, and protecting his community.

George didn’t leave behind millions. He left behind meaning.

And that’s the heart of estate planning.

✅ It’s not about wealth — it’s about worth.
✅ It’s not just about money — it’s about the life you’ve built, the people you’ve loved, and the impact you’ve had.
✅ It’s not for the rich — it’s for anyone who wants to protect what they’ve made and who they care about.

As Bob says:

“Most people won’t get a visit from a guardian angel to show them how much they matter. But your life does matter — and it’s worth protecting.”

In this episode, you’ll also learn how to start shifting your mindset and recognize the everyday legacy you’re already creating. Because when you realize how much you mean to the people around you, estate planning stops being about paperwork — and starts being about peace of mind.

If this episode resonates with you, take a moment today and ask yourself:

And if you’re ready to take the next step, we’ve created a free resource to guide you: the Estate Planning Confidence book — a clear, simple guide to help you get started, stay organized, and build a plan that actually works.

Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.

📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we pull back the curtain on a problem most people don’t see coming — and it often strikes exactly when you need help the most: banks and brokerages refusing to honor your power of attorney.

Here’s the uncomfortable truth: Even if you have a valid, official state form power of attorney, financial institutions may delay, challenge, or outright reject your authority when it matters most — like when a parent has dementia and bills need to be paid.

Many families think they’re prepared. They’ve signed all the right paperwork, named an agent they trust, and assumed the bank will simply cooperate. But that’s not always how it works.

As Bob explains:

“The surprise is that a perfectly valid power of attorney may not give you practical access to a loved one’s accounts. The legal department at a bank or brokerage might hesitate, delay, or require their own forms — or they may push you to court.”

Here’s why this happens:

🔹 A power of attorney creates a relationship between two people — the principal (the person signing the power) and the agent (the person authorized to act).
🔹 But once the principal has lost capacity — say, due to dementia — no one is left to supervise what the agent is doing.
🔹 From the bank’s point of view, this lack of oversight raises risk: “What if this agent misuses the funds? How will we know? Who holds them accountable?”

The result?

Even with a valid document, families face roadblocks, delays, frustration, and legal fees — right when time and access to funds are most critical.

That’s why, in this episode, Bob shares key steps you can take to avoid this problem:

At its core, this issue isn’t just about documents — it’s about confidence, security, and control.
By planning ahead, you can make sure the tools you have in place will actually work when your family needs them most.

If you want to avoid delays and ensure your plan works smoothly:

✅ Review your power of attorney documents
✅ Check with your financial institutions
✅ Consider trust planning for key accounts

The Estate Planning Confidence Book

And if you’re wondering how to begin, we’ve created a free resource to help: the

Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.

📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we finally pull back the curtain on a topic that’s been hiding in plain sight in every episode so far: dying without a will in Illinois, also known as intestacy.

Here’s the uncomfortable truth: If you don’t have a plan, Illinois has one for you — but it probably won’t reflect your wishes, your family’s needs, or your values.

Dying without a will in Illinois triggers a set of strict legal rules called intestacy laws. “Intestacy” may sound like a technical term, but it’s deeply personal — it’s what happens when someone dies without a valid will. When that happens, Illinois has a plan for how to handle everything you leave behind: your property, your debts, and your family’s future.

Many people assume their spouse will automatically get everything or that their kids can simply work it out together. Unfortunately, that’s not how it works.

As Bob explains: “If you don’t make a plan, Illinois has a plan for you — but that plan is rigid, impersonal, and often exactly the opposite of what you’d want.”

Here’s what happens when you die without a will in Illinois:

This isn’t just a theoretical problem or a problem for wealthy families. Dying without a will in Illinois affects ordinary families hardest — those who can least afford delays, legal costs, and court-imposed restrictions.

At its core, intestacy laws exist to prevent chaos when someone dies without a plan — to answer basic questions like:

Who gets what? Who’s in charge? How are debts paid?

But they answer these questions in ways that often ignore practicality, compassion, or your personal wishes.

That’s why estate planning matters: it’s how you stay in control and protect your family — and why understanding the risks of dying without a will in Illinois is so important.

If you want to avoid leaving these decisions to Illinois statutes and probate judges, the solution is simple:
✅ Name your executor
✅ Decide who should inherit
✅ Nominate a guardian if you have young children
✅ Put it all in a valid will

The Estate Planning Confidence Book

And if you’re wondering how to begin, we’ve created a free resource to help: the Estate Planning Confidence book — a clear, concise guide that answers the most common questions and gives you a roadmap for action.

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we launch a new feature: the Call-In Corner, where listeners ask real questions. And Bob and Jessica give clear, practical answers.

Our first caller, Nancy, shares a story that surprises many families. After her husband’s death, Nancy walked into the bank, will in hand — the document that named her as executor — only to be turned away. The teller told her she couldn’t access his account until she went to probate court.

Why would that happen? Isn’t that the whole point of having a will — to make things easier and avoid court?

As Bob explains: a will does not avoid probate — it guarantees it.

That’s why “Letters of Office” — the official document issued by the probate court — are essential. They don’t just empower an executor; they protect third parties like banks and title companies by confirming that the executor has legal authority to act. Without them, institutions can’t — and won’t — release funds or transfer property.

This episode lifts the curtain on this hidden but critical step in estate settlement. It’s not about distrust or bureaucracy for its own sake; probate is about protecting everyone involved and making sure that a decedent’s final affairs are handled properly under the law.

If you’ve ever assumed that having a will means you can bypass the court system, this is a conversation for you. And if you’re looking for ways to plan ahead — so your family can avoid surprises like this — you’ll find valuable insights about trusts, joint accounts, and beneficiary designations.

And don’t forget to download your Estate Planning Confidence — your step-by-step guide to getting organized, protecting your family, and putting your plan in motion.

Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.

📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]

🎧 Listen on Apple Podcasts | Spotify

🎧 Listen on Apple Podcasts | Spotify

In this episode of Estate Planning Confidence, we step back to reveal the bigger picture — the hidden legal machinery that starts the moment someone dies.

Most people don’t realize it, but death sets a powerful process in motion. Like a machine, it’s automatic, impersonal, and governed by strict rules. Probate courts. Tax deadlines. Creditor rights. Property laws. All of it activates — whether or not you’ve made a plan.

As Bob explains, you do have an interval of opportunity to direct how that machinery operates: while you’re alive. If you act during that time, you can guide it with clarity and intention. But if you don’t? The system moves forward anyway, without your input — and often in ways that leave your loved ones tangled in confusion, conflict, or worse.

You’ll revisit true stories from past episodes: the young parents who never named a guardian, leaving their kids caught in a courtroom tug-of-war… and the grieving family who avoided probate, only to be sued by a hospital and forced to repay money they’d already spent.

What do these stories have in common? Each one was avoidable.

This episode ties it all together — showing how estate planning isn’t just about documents, but about lifting the weight of uncertainty and earning real peace of mind.

You don’t have to know everything. You just have to begin.

And don’t forget to download your Estate Planning Confidence — your step-by-step guide to getting organized, protecting your family, and putting your plan in motion.

Robert Monahan is an estate planning attorney licensed in Illinois and New York. He is a graduate of the University of Chicago and the University of Virginia School of Law. Robert helps families plan with clarity and confidence from his office in Gurnee, Illinois.

📍 Office: 4229 Grove Ave, Gurnee, IL
📞 Phone: (847) 848-6165
📧 Email: [email protected]

🎧 Listen on Apple Podcasts | Spotify