Many people know they should have an estate plan, but they are not always sure where to start or who to turn to for help. A common question we hear is: What does an estate planning attorney do? The short answer is that an estate planning attorney helps you protect your assets, plan for the future, and make sure your wishes are honored if you become incapacitated or pass away.
At Koch & Associates, we work with individuals and families throughout Illinois to create estate plans that provide clarity, security, and peace of mind. Estate planning is not just about documents—it is about preparing for life’s uncertainties with confidence.
Understanding the Role of an Estate Planning Attorney
An estate planning attorney is a lawyer who focuses on helping clients plan for the management and distribution of their assets. This includes planning for both death and incapacity. The goal is to ensure your property, finances, and healthcare decisions are handled according to your wishes, not left to state law or court intervention.
Estate planning attorneys also help clients avoid common mistakes that can lead to delays, disputes, or unnecessary costs for loved ones. With proper legal guidance, families can often avoid probate complications and reduce stress during already difficult times.
Creating a Customized Estate Plan
One of the primary things an estate planning attorney does is help you create a plan tailored to your life and your goals. No two families are the same, which means estate planning should never be one-size-fits-all.
An attorney will take time to understand your family structure, financial situation, and long-term priorities. From there, they help determine which legal tools are appropriate for your situation. This may include wills, trusts, powers of attorney, and healthcare directives.
Rather than simply filling out forms, an estate planning attorney ensures each document works together as part of a coordinated strategy. This approach helps prevent gaps or conflicts that can cause problems later.
Drafting and Reviewing Legal Documents
Estate planning attorneys are responsible for drafting and reviewing the legal documents that make up your estate plan. These documents must meet specific legal requirements under Illinois law to be valid and enforceable.
Common documents include a last will and testament, revocable or irrevocable trusts, financial powers of attorney, and healthcare powers of attorney. An attorney ensures these documents clearly reflect your wishes and are structured to minimize confusion or misinterpretation.
They also review existing estate plans to identify outdated language, changes in the law, or life events—such as marriage, divorce, or the birth of a child—that may require updates.
Planning for Incapacity
Estate planning is not only about what happens after death. A major part of an estate planning attorney’s role is helping clients prepare for incapacity due to illness or injury.
If you become unable to make decisions for yourself, legal documents such as powers of attorney and advance healthcare directives allow someone you trust to step in and act on your behalf. Without these documents, your family may need to go to court to gain authority, which can be time-consuming and stressful.
An estate planning attorney helps ensure these decisions are made in advance, giving you control over who manages your finances and healthcare if the unexpected occurs.
Helping Families Through Probate and Estate Administration
After a loved one passes away, an estate planning attorney often assists families with probate and estate administration. This includes guiding executors or personal representatives through the legal process of settling the estate.
An attorney helps ensure that assets are properly identified, debts and taxes are addressed, and distributions are made according to the will or trust. They also help resolve disputes and answer legal questions that arise during administration.
Having legal guidance during probate can significantly reduce delays and help avoid costly errors.
Handling Estate and Trust Disputes
Sometimes disagreements arise over wills, trusts, or the actions of an executor or trustee. Estate planning attorneys also represent clients in estate litigation, protecting their rights when disputes occur.
This may involve will contests, trust disputes, or claims of undue influence or breach of fiduciary duty. An experienced attorney works to resolve these matters efficiently while protecting the interests of their client.
Why Work with Koch & Associates?
At Koch & Associates, estate planning is built on trust, experience, and long-term relationships. As a fifth-generation law firm with over 50 years of combined experience, we understand the importance of thoughtful planning and clear communication.
We take a client-centered approach, explaining complex legal concepts in plain language and helping you make informed decisions. Our bilingual services ensure English and Spanish-speaking clients feel comfortable and supported throughout the process. We believe in being “attorneys for life,” serving as a trusted legal resource as your needs evolve over time.
Take the Next Step Toward Peace of Mind
If you have been asking yourself, “What does an estate planning attorney do?”, the answer is simple: they help you protect your future and the people you care about most.
You do not need to have all the answers before reaching out. A conversation with an experienced estate planning attorney can help you understand your options and take the first step toward a solid plan.
Contact Koch & Associates today to schedule your free consultation. Call (312) 664-4328 and let our team help you create an estate plan that brings clarity, security, and peace of mind for years to come.
