Section Newsletters

Articles on Trusts & Estates

How Do You Reopen an Illinois Probate Estate? By Kevin Williams Trusts and Estates, February 2021 An outline of how to reopen a probate estate in Illinois when there is a newly discovered asset.
Settling Wrongful Death and Survival Claims In (and Out of) Probate Court By Steven A. Wade Trusts and Estates, January 2021 A look at how to handle wrongful death and survival claims.
Stealing Houses? By Frank Pellegrini Trusts and Estates, January 2021 What do you get when you combine identity theft with mortgage fraud? The FBI calls it house-stealing.
15th Judicial Circuit Probate Hearings Current as of November 16, 2020 By Heather McPherson Trusts and Estates, December 2020 Procedures for virtual probate proceedings in the 15th judicial circuit.
When to Utilize a Corporate Executor: Suggestions for Estate Planning Attorneys By Joel Schoenmeyer Trusts and Estates, December 2020 A look at situations in which a corporate executor may be helpful to both estate planning attorneys and their clients.
1 comment (Most recent December 10, 2020)
Creditor General Powers of Appointment: What Are the Tax Considerations if State Law Limits Appointive Property to the Underlying Debt for GPAs? By Robert J. Kolasa Trusts and Estates, November 2020 Basis optimization for credit shelter and irrevocable trusts often involves granting the trust beneficiary a general power of appointment over trust assets to achieve stepped-up basis.
Illinois’ Testamentary Exception to the Attorney-Client Privilege By Adrian Mendoza Trusts and Estates, November 2020 While many believe the attorney-client privilege is inviolate, there are certain exceptions.
Flinn Report Summary – February 14, 2020 through April 24, 2020 By Joseph P. O’Keefe Trusts and Estates, October 2020 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report.
A Response to ‘It’s None of Your Business … Or Is it?’ By Susan T. Bart Trusts and Estates, October 2020 A response to a recently published article dealing with the Illinois Trust Code.
Spotlight on Trusts & Estates Section Council Members: Colleen L. Sahlas & Jennifer Bunker Skerston By Mia O. Hernandez Trusts and Estates, October 2020 A spotlight on two members of the Trusts & Estates Section Council.
A Summary of the Trusts & Estates Section Council’s July 10, 2020, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, October 2020 A summary of the July 2020 Trusts & Estates Section's business meeting, including CLE, legislation, and more.
Estate Planning for the Critically Ill: A Case Study With Practice Tips By Zisl Edelson, J.D., MBA Elder Law, September 2020 Estate planning tips for attorneys working with critically ill clients.
It’s None of Your Business…Or Is It? A Look at the Illinois Trust Code Accounting Provisions By Alyx P. Durachta Trusts and Estates, September 2020 Under the new Illinois Trust Code, settlors of a trust may be giving up some of their privacy because the beneficiaries could be entitled to additional information and accountings.
Notice and the Duty to Inform Under the New Illinois Trust Code By Valli Gupta & Joel Schoenmeyer Elder Law, September 2020 A look at irrevocable trusts under the Illinois Trust Code, which went into effect on January 1, 2020.
Estate Planning for the Critically Ill: A Case Study With Practice Tips By Zisl Edelson, J.D., MBA Trusts and Estates, August 2020 Estate planning tips for attorneys working with critically ill clients.
Notice and the Duty to Inform Under the New Illinois Trust Code By Valli Gupta & Joel Schoenmeyer Trusts and Estates, August 2020 A look at irrevocable trusts under the Illinois Trust Code, which went into effect on January 1, 2020.
Joint Tenancy, Partition, and the Four Unities By Sherwin D. Abrams Trusts and Estates, July 2020 A look at the decision in Estate of Jezewski v. Jaworski.
Thank You to Our Authors By Jennifer Bunker Skerston Trusts and Estates, July 2020 A thank you to the authors who contributed to the 2019-20 bar year issues of the Trusts & Estates newsletter.
Case Management Lessons From ‘The Art of War’ Part 3: Substance and Application (Continued) By Timothy S. Midura & Colleen L. Sahlas Trusts and Estates, June 2020 The final article in a series of articles which extrapolates case management lessons from military principles taught in 'The Art of War' by Sun Tzu.
Formula General Powers of Appointment to the Rescue By Robert J. Kolasa Trusts and Estates, June 2020 Because of the high exclusion, many credit shelter trusts won't save estate taxes, yet will undesirably deprive the family of stepped-up basis at the death of the surviving spouse. 
Powers of Attorney: Pitfalls and Best Practices Part 2—Powers of Attorney for Health Care By Susan Dawson-Tibbits Trusts and Estates, June 2020 This article continues to focus on problematic areas and best practices used in the preparation of various types of powers of attorney.
1 comment (Most recent June 17, 2020)
Spotlight on Trusts & Estates Section Council Members: Edward Jarot, Jr. and Nora Baker By Mia O. Hernandez Trusts and Estates, June 2020 A spotlight on two members of the Trusts & Estates Section Council.
Checklist for Trustees Under the New Illinois Trust Code By Daniel P. Felix Elder Law, March 2020 A checklist of some key provisions of the new Illinois Trust Code to help trustees get up to speed quickly.
Flinn Report Summary – August 2, 2019 through November 22, 2019 By Joseph P. O’Keefe Trusts and Estates, March 2020 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 6 – The Trustee, Trustee Duties, Liability and Rights of Others, and the Prudent Investor Rules By Michael J. Fleck Elder Law, March 2020 The sixth article in a series of articles that break down the Illinois Trust Code.
Liability Issues Facing Estate Planning Professionals By Thomas F. Falkenberg & Kevin T. Mocogni Elder Law, March 2020 A look at the services accountants provide in estate planning and ways estate planning professionals can protect themselves against some of the problems that can arise before and during litigation.
Asset Protection Considerations in Estate Planning By William J. Cotter & Michelle V. Hanlon Trusts and Estates, February 2020 An increasingly important element of estate planning discussions with clients is how to minimize exposure from the claims of creditors.
Estate Planners Vulnerable to Dormant Legal Malpractice Claims By Matthew Hector Elder Law, February 2020 There's a six-year statute of repose for legal malpractice—unless the alleged act or omission isn't discovered until the client dies. Estate planning lawyers want more protection.
1 comment (Most recent February 23, 2020)
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 4 – What Makes a Valid Trust and Revocable Trusts By Michael J. Fleck Elder Law, February 2020 The fourth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 7 – Total Return Trusts, Decanting, Powers of Appointment, and Perpetuities By Michael J. Fleck Trusts and Estates, February 2020 The seventh and final article in a series of articles that break down the Illinois Trust Code.

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