Trusts & Estates

The newsletter of the ISBA’s Section on Trusts & Estates

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2001 Articles

Calling all government attorneys February 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Certification: the future ain’t what it used to be By Fred H. Dickson February 2001 In 1999, the Trust and Estates section council asked the Board of Governors of the ISBA to consider a voluntary program for certification of trust and estate planning lawyers in Illinois.
Chasing custodial claims By Malcolm L. Morris November 2001 No doubt many an attorney has heard a tale of woe from a disappointed client who was unexpectedly excluded from a will notwithstanding the testator's promise to the contrary.
A fiduciary relationship may exist based on a reposition of trust By Shannon DeLaMar November 2001 Is a fiduciary relationship created only when the ink dries on a power of attorney or upon the filing of an acceptance of the office of executor?
From the editors November 2001 Several contributors have provided insights into various areas of our practice. Shannon DeLaMar discusses some of the circumstances in which a fiduciary relationship may be formed by a reposition of trust.
From the editors June 2001 We begin with a feature article from Jay Goldenberg on various uses of the irrevocable insurance trust.
From the editors February 2001 This issue includes a couple of thought provoking articles.
Powers of attorney in light of the Fort Dearborn case By Thorpe Facer February 2001 Fort Dearborn Life Insurance Company v. Holcomb, No. 1-99-3627 (2000 WL 1218507), decided by the First District on August 28, 2000, gives us some interesting facts, a few pointers on using the statutory short form power of attorney for property, and a reminder of the steps we must take with every client to ensure proper planning.
Recent decisions By James K. Say November 2001 In re Estate of Budris Andernovics, Il. Sup. Ct., September 20, 2001. In February 1989, plaintiff Peggy Parrish filed a complaint against the estate of Budris Andernovics, claiming that Andernovics had breached an oral agreement to make specific provisions in his will.
Recent decisions June 2001 Estate of Floy M. Christensen, Deceased, Carl Stewart Christensen, Personal Representative v. Commissioner of Internal Revenue, T.C. Memo 2000-368, December 6, 2000.
Report from the task force on the unauthorized practice of law February 2001 A subcommittee of the Task Force on the Unauthorized Practice of Law has been established to review information provided to the task force about possible situations involving the unauthorized practice of law regarding estate and trust work.
Something old, something new, something borrowed, something blue dealing with the changing tax laws and repeal By Paul A. Meints November 2001 Pending issues--revenue estimates--new demands for funding. Budgetary problems at both the national and state levels in the past, and perhaps (probably?) again in the future (the CBO's latest "on-budget" estimate is a $9 billion deficit in 2001, exclusive of social security which is "off-budget") make it difficult to predict what will happen in the future.
Uses of the Irrevocable Insurance Trust By Jay S. Goldberg June 2001 The ILIT (Irrevocable Life Insurance Trust) has become a standard tool of estate planning, as common as the Marital Deduction and the Credit Shelter Trust (CST).