Section Newsletters

Articles on Trusts

Creating and Construing a Trust and the Problem of the Unsigned Amendment Under the Illinois Trust Code By Chuck Newland Trusts and Estates, December 2021 Practitioners should make sure that their trust documents expressly allow for the documents to be amended and revoked and set forth a clear method of amending. They should also impress upon their clients that it is important to substantially comply with the method if they want the amendment to be enforceable.
Primer on Spousal Lifetime Access Trusts By Michelle V. Hanlon Trusts and Estates, December 2021 An overview of spousal lifetime access trusts.
Pet Trusts: ‘Tails’ From a Corporate Trustee By Kathryn Van Eeuwen Trusts and Estates, November 2021 An overview of pet trusts, which ensure that a pet owner's furry, feathery, or scaly friends are cared for should they die while their pet is still living.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate From Creditor Claims By Nicole Soltanzadeh Commercial Banking, Collections, and Bankruptcy, March 2021 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate From Creditor Claims By Nicole Soltanzadeh Trusts and Estates, February 2021 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate from Creditor Claims By Nicole Soltanzadeh Real Estate Law, December 2020 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Elder Law, April 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
AlphaTrust Soup By Michael J. Maslanka General Practice, Solo, and Small Firm, March 2020 A look at the trusts that can be discussed with clients.
1 comment (Most recent March 17, 2020)
AlphaTrust Soup By Michael J. Maslanka Senior Lawyers, March 2020 A look at the trusts that can be discussed with clients.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Real Estate Law, March 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson Trusts and Estates, February 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.
The TODI as a Tool to Facilitate Revocable Trust Planning By George L. Schoenbeck Trusts and Estates, February 2020 The transfer on death instrument has become a reliable means of facilitating revocable trust-based plans.
1 comment (Most recent November 22, 2020)
Trust Administration Checklist By Rebecca E.P. Wade Elder Law, November 2019 A checlist outlining a number of basic legal steps undertaken in a typical Illinois trust administration for a trust that fully distributes all assets to the trust beneficiaries following the grantor's death.
Behind the Scenes: Drafting the New Illinois Trust Code By Susan Bart Trusts and Estates, August 2019 The new Illinois Trust Code provides a comprehensive, organized body of trust law that replaces the sparse, scattered, and somewhat disorganized preexisting statutes.
Drafting for Community Spouses By Phil Koenig Trusts and Estates, August 2019 The law that affects special needs trust planning is not intuitive and contains traps for the unwary. One quirk in the law was referenced in the recent case of Doyle v. Hood.
Trust Administration Checklist By Rebecca E.P. Wade Trusts and Estates, August 2019 A checlist outlining a number of basic legal steps undertaken in a typical Illinois trust administration for a trust that fully distributes all assets to the trust beneficiaries following the grantor's death.
Grantor Trust Administration in Illinois: A Primer (Part 3) By Colleen L. Sahlas & Emily Vivian Trusts and Estates, July 2019 The third part of a three-part series outlining the role and duties of the acting successor trustee in Illinois trust administration of a self-declaration of trust where the grantor/settlor has become disabled or is deceased.
Grantor Trust Administration in Illinois: A Primer (Part 1) By Colleen L. Sahlas Trusts and Estates, May 2019 What to do when you represent the successor trustee of a grantor trust and the grantor has passed away, resigned, or been declared disabled for purposes of acting as trustee.
Exception to six-year statute of repose for attorney malpractice applies to any mechanism, be it probate or non-probate distribution By Michael Sue Trusts and Estates, November 2002 Section 13-214.3(c) of the Code of Civil Procedure (the Limitations Act or the Statute of Repose) (735 ILCS 5/13-214.3(c) (West 1994)) prescribes that in the event an attorney is sued for malpractice for services rendered regarding a client's estate, the claimant has six years to file the claim.
Naming a trust as beneficiary of an IRA By Douglas J. March Trusts and Estates, May 1999 The advantages of naming a spouse as beneficiary of an IRA are fairly well known.

Select a Different Subject