trust attorney

What Type of Attorney Handles Wills and Trusts?

A wills and trusts attorney helps individuals and families create legally sound estate plans that protect their assets, provide for loved ones, and ensure their wishes are carried out. Estate planning involves much more than drafting a simple will. A comprehensive plan may include trusts, powers of attorney, healthcare directives, and other legal documents that work together to safeguard your family’s future, reduce potential legal complications, and provide peace of mind throughout every stage of life. Whether you own a home, have children, operate a business, or are planning for retirement, working with an experienced attorney can help you make informed decisions with confidence.

At Marshiano Law Group LLC, Attorney Tony Marshiano brings more than 25 years of experience in estate planning, business law, and real estate, along with a proven track record of facilitating over $1 billion in transactions. Every estate plan is tailored to the client’s unique goals, family dynamics, and financial circumstances rather than relying on generic solutions. In this guide, you’ll learn what type of attorney handles wills and trusts, the services they provide, and why professional legal guidance is essential for protecting your family, your assets, and your legacy.

Understanding the Role of a Wills and Trusts Attorney

A wills and trusts attorney focuses on helping individuals prepare legal documents that determine how their assets will be managed during life and distributed after death.

However, their responsibilities extend well beyond drafting paperwork.

An experienced attorney helps clients:

  • Understand estate planning options
  • Protect assets for future generations
  • Plan for unexpected incapacity
  • Minimize unnecessary legal complications
  • Coordinate real estate and business interests
  • Create customized estate planning strategies
  • Review and update legal documents over time

Rather than offering generic solutions, a wills and trusts attorney develops recommendations based on your financial situation, family relationships, long-term goals, and personal wishes.

Why Wills and Trusts Are Both Important

One of the most common misconceptions is that people must choose between having a will or a trust.

In reality, many comprehensive estate plans include both.

Each document serves a different purpose, and together they create a stronger legal foundation.

What Does a Will Do?

A will provides instructions regarding the distribution of assets after your passing.

It also allows you to:

  • Name an executor
  • Appoint guardians for minor children
  • Leave specific gifts to beneficiaries
  • Express your final wishes
  • Create testamentary trusts when appropriate

A properly prepared will gives your loved ones clear legal guidance during a difficult time.

What Does a Trust Do?

A trust allows assets to be managed according to instructions you establish.

Depending on the type of trust, it may also provide additional flexibility during your lifetime and after your passing.

Trusts are commonly used to:

  • Manage assets efficiently
  • Provide privacy
  • Support long-term financial planning
  • Protect beneficiaries
  • Simplify property management during incapacity

An experienced family trust attorney can explain which trust structures best fit your personal goals.

When Should You Hire a Wills and Trusts Attorney?

Many people assume estate planning is only necessary later in life.

The reality is that almost every adult can benefit from speaking with an attorney once they begin building assets or taking on family responsibilities.

You should consider meeting with a wills and trusts attorney if you:

Have Young Children

Parents should establish guardianship instructions and create financial plans that protect children if unexpected circumstances arise.

Own Real Estate

Homes, rental properties, vacation properties, and commercial real estate should all be incorporated into an estate plan.

Attorney Tony Marshiano’s experience in both estate planning and real estate allows Marshiano Law Group to develop coordinated strategies that address property ownership alongside overall estate planning goals.

Own a Business

Business owners often need succession planning that protects employees, partners, and family members while preserving the value of the company.

Have Growing Financial Assets

Investment accounts, retirement savings, insurance policies, and other assets should all be coordinated through a comprehensive estate plan.

Want to Prepare for Unexpected Events

Estate planning is not only about what happens after death.

It also prepares for situations involving illness or incapacity, ensuring trusted individuals can make financial and healthcare decisions when necessary.

What Services Does a Wills and Trusts Attorney Provide?

An experienced attorney offers much more than document preparation. At Marshiano Law Group, estate planning focuses on creating complete legal strategies designed around each client’s unique needs.

Last Will and Testament

A will remains the foundation of many estate plans.

It provides clear instructions regarding:

  • Asset distribution
  • Guardianship of minor children
  • Executor appointments
  • Personal property distribution
  • Family responsibilities

Without a legally valid will, Illinois law determines how certain assets may be distributed.

Revocable Living Trusts

Many clients benefit from revocable living trusts because they provide flexibility while allowing assets to be managed according to the client’s wishes.

Potential benefits include:

  • Efficient asset management
  • Privacy
  • Management during incapacity
  • Greater flexibility throughout your lifetime

The appropriate trust structure depends on your individual circumstances.

Irrevocable Trusts

Some clients require more specialized planning.

Irrevocable trusts may be appropriate for certain long-term planning objectives, including:

  • Asset protection strategies
  • Special needs planning
  • Charitable giving
  • Long-term family wealth preservation
  • Life insurance planning

An attorney evaluates your goals before recommending whether these trusts are appropriate.

Durable Powers of Attorney

Financial powers of attorney authorize someone you trust to manage financial affairs if you become unable to do so yourself.

These documents help ensure continuity during unexpected medical situations.

Healthcare Powers of Attorney

Healthcare powers of attorney allow trusted individuals to make medical decisions according to your wishes if you cannot communicate those decisions yourself.

They are an essential part of a complete estate plan.

Living Wills

Living wills document your healthcare preferences regarding medical treatment in situations where you are unable to express your wishes.

These documents provide guidance to family members and healthcare providers during emotionally difficult situations.

HIPAA Authorizations

HIPAA authorization forms allow designated individuals access to important medical information when needed.

Without these documents, family members may encounter unnecessary barriers when assisting with healthcare decisions.

Every Estate Plan Should Reflect Your Family’s Unique Needs

No two families have identical circumstances.

That is why experienced estate planning attorneys avoid relying on standardized templates.

Instead, they evaluate:

Family Relationships

Every family has different priorities.

Some clients have young children.

Others have blended families, adult children, grandchildren, or loved ones with special needs.

Each situation requires thoughtful planning.

Financial Goals

Estate planning should support your long-term financial objectives rather than simply distribute assets.

Planning may involve investment accounts, retirement savings, insurance proceeds, business interests, and charitable goals.

Property Ownership

Real estate frequently represents one of a family’s most valuable assets.

Homes, rental properties, investment properties, and commercial buildings should all be considered within the estate planning process.

Future Changes

Estate planning should remain flexible enough to adapt as your life evolves.

Marriage, divorce, retirement, additional property purchases, and changes in family circumstances may all require updates to your legal documents.

Why Experience Matters When Choosing a Wills and Trusts Attorney

Not every attorney practices estate planning on a regular basis.

Choosing someone with significant experience provides confidence that your estate plan addresses both current needs and future challenges.

Attorney Tony Marshiano brings more than two decades of experience in:

  • Estate planning
  • Business law
  • Real estate transactions
  • Asset protection strategies

Having facilitated more than $1 billion in transactions, he understands how legal planning intersects with financial planning, property ownership, and long-term wealth preservation.

This broad perspective helps clients receive comprehensive legal guidance rather than isolated document preparation.

The Estate Planning Process at Marshiano Law Group

Creating wills and trusts does not have to feel overwhelming. Marshiano Law Group follows a client-focused process designed to make planning clear and straightforward.

Initial Consultation

The process begins by discussing your family, financial circumstances, goals, and concerns.

Understanding these details allows the firm to recommend the most appropriate estate planning tools.

Information Gathering

Next, information regarding your assets, beneficiaries, business interests, and property ownership is organized.

This ensures every important aspect of your estate receives careful consideration.

Customized Planning Strategy

Rather than relying on standard forms, Attorney Tony Marshiano develops recommendations tailored specifically to your family and financial situation.

This personalized strategy becomes the foundation of your estate plan.

Document Preparation

Once the estate planning strategy has been finalized, the legal documents are carefully prepared to reflect your wishes and comply with Illinois law. Every will, trust, power of attorney, and supporting document is customized to your circumstances rather than generated from a standard template.

Before anything is signed, Attorney Tony Marshiano reviews each document with you in clear, straightforward language. This ensures you understand how every part of your estate plan works and how the documents work together to protect your family and assets.

Document Execution

Proper execution is just as important as proper drafting. Illinois has specific legal requirements for signing estate planning documents, and mistakes during execution can affect their validity.

Marshiano Law Group guides clients through each step to ensure documents are completed correctly and become legally enforceable.

Trust Funding

Creating a trust is only one part of the process. Certain assets must also be transferred into the trust for it to function as intended.

Depending on your circumstances, this may include:

  • Residential property
  • Investment real estate
  • Financial accounts
  • Business interests
  • Other qualifying assets

Proper trust funding helps ensure your estate plan operates efficiently according to your wishes.

Ongoing Reviews

Estate planning is not something you complete once and never revisit.

As your family, finances, and goals change, your estate plan should be reviewed periodically to ensure it continues to reflect your current wishes.

Common Mistakes People Make With Wills and Trusts

Many estate planning issues arise because individuals postpone planning or rely on incomplete legal documents.

Working with an experienced wills and trusts attorney helps reduce these risks.

Waiting Too Long

Many people delay estate planning because they believe they have plenty of time.

Unfortunately, unexpected illnesses or accidents can occur without warning. Planning early gives you greater control over future decisions.

Using Generic Online Forms

Online templates cannot evaluate your family dynamics, property ownership, or long-term financial objectives.

Estate planning should be tailored to your circumstances instead of relying on one-size-fits-all documents.

Forgetting to Update Documents

Estate plans should evolve throughout your life.

Marriage, divorce, births, deaths, retirement, significant financial changes, or purchasing additional real estate are all reasons to review your documents.

Ignoring Real Estate

Real estate is often one of the largest assets within an estate.

Property ownership should be coordinated with your overall estate planning strategy to help reduce future complications.

Failing to Plan for Incapacity

Many people focus only on what happens after death.

However, preparing financial and healthcare powers of attorney is equally important because they protect you during your lifetime if you become unable to make decisions.

Benefits of Working With an Experienced Wills and Trusts Attorney

Professional legal guidance offers advantages that extend far beyond preparing paperwork.

Personalized Legal Advice

Every estate plan reflects the client’s unique goals rather than standardized forms.

Comprehensive Planning

A complete estate plan considers wills, trusts, healthcare directives, financial powers of attorney, real estate, business ownership, and asset protection together.

Long-Term Support

Estate planning continues throughout life.

Your attorney remains available to review and update your plan whenever circumstances change.

Peace of Mind

Perhaps the greatest benefit is knowing your wishes have been clearly documented and your loved ones have guidance during difficult times.

Why Illinois Families Choose Marshiano Law Group

Selecting an attorney to prepare your estate plan is an important decision.

Families throughout the Chicago area choose Marshiano Law Group because of the firm’s experience, personalized service, and commitment to comprehensive planning.

More Than 25 Years of Experience

Attorney Tony Marshiano has spent more than two decades helping clients navigate estate planning, business law, and real estate matters.

His practical experience provides valuable insight when developing customized legal strategies.

Extensive Real Estate Knowledge

Unlike many estate planning attorneys, Tony Marshiano is also an experienced real estate broker and title agent.

Having facilitated over $1 billion in commercial and residential transactions, he understands how real estate ownership should be integrated into an estate plan.

Personalized Service

Every client receives individual attention.

Rather than using standardized documents, Marshiano Law Group develops legal strategies based on each family’s goals, assets, and future plans.

Award-Winning Representation

The firm has been recognized among the Top 1% of Chicago Real Estate Attorneys by Expertise.com from 2021 through 2024 and maintains an A+ Rating with the Better Business Bureau.

These recognitions reflect a continued commitment to exceptional client service.

Comprehensive Professional Network

Marshiano Law Group also works alongside financial planners, accountants, tax professionals, insurance specialists, mortgage brokers, and other trusted advisors to provide coordinated estate planning solutions.

Conclusion

Creating wills and trusts is about much more than preparing legal documents-it is about protecting your family, preserving your assets, and ensuring your wishes are carried out for years to come. Working with an experienced wills and trusts attorney allows you to build a personalized estate plan that reflects your unique goals while helping reduce future legal complications.

At Marshiano Law Group, Attorney Tony Marshiano combines more than 25 years of experience in estate planning, business, and real estate with a client-focused approach that puts your family’s future first. Whether you are creating your first estate plan or updating existing documents, our team is here to provide trusted legal guidance every step of the way. Contact Marshiano Law Group today to schedule a consultation and begin building an estate plan that protects what matters most.

Frequently Asked Questions

What type of attorney handles wills and trusts?

A wills and trusts attorney focuses on preparing estate planning documents such as wills, trusts, powers of attorney, healthcare directives, and related legal strategies designed to protect your family and assets.

Do I need both a will and a trust?

Many comprehensive estate plans include both documents because each serves a different legal purpose. An attorney can recommend the combination that best fits your circumstances.

When should I hire a wills and trusts attorney?

You should consider estate planning once you begin accumulating assets, purchase real estate, start a family, own a business, or want to prepare for unexpected medical situations.

Can I change my will or trust later?

Yes. Estate planning documents should be reviewed periodically and updated after significant life events such as marriage, divorce, births, deaths, retirement, or major financial changes.

How often should I review my estate plan?

Many attorneys recommend reviewing your estate plan every three to five years or whenever your personal or financial circumstances change.

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