2021 Articles

Note From the Editors By Colleen L. Sahlas, Jennifer Bunker Skerston, & Mia O. Hernan August 2021 An introduction to the issue from the editors.

An Overriding Royalty Interest Is an Interest in Real Property By John C. Robison, Jr. December 2021 An overriding royalty interest in an Illinois oil and gas lease is an interest in real property.

The Owner Is Dead. Who Has the Authority to Transfer the Boat, Trailer, & Other Vehicles? By Leonard F. Berg March 2021 While Bob was alive, he would sell his trucks, boats, trailers, and even a mobile home, by signing the title to those items. But when this bachelor dies who has the authority to sign on his behalf, and how does someone get that authority? The publications section of the Illinois Secretary of State website includes a helpful pamphlet describing the process.1

3 comments (Most recent August 25, 2021)

Part I: Survey Says! Current State of Farm and Ranch Estate and Succession Planning for Attorneys By Cari Rincker December 2021 When looking for farm and ranch estate and succession planning solutions with increasingly challenging farm family dynamics, it’s prudent to first look at the data.

Pet Trusts: ‘Tails’ From a Corporate Trustee By Kathryn Van Eeuwen 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.

Planning for a Parent of a Minor Child Upon the Parent’s Disability By Leonard F. Berg July 2021 Steps for estate planning practitioners to take if a client asks to plan for their possible incapacity while their children are still minors.

Primer on Spousal Lifetime Access Trusts By Michelle V. Hanlon December 2021 An overview of spousal lifetime access trusts.

Protecting the House From Nursing Home Expenses By William S. Wilson February 2021 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.

Public Act 102-68 – Long Awaited Changes to the Illinois ~~Residential~~ Real Property Transfer on Death Instrument Act By Michael J. Fleck August 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.

Repose in Peace By David C. Thies, Daniel R. Thies, & Mia O. Hernandez October 2021 The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.

Residential Real Property Disclosure Act and the Illinois Trust Code: Has the ITC Repealed Hawkins v. Voss? By Sherwin D. Abrams April 2021 A summary and analysis of Hawkins v. Voss.

Risks of Using a POLST Form By Timothy Scordato November 2021 The Illinois Department of Health Uniform Practitioner Order for Life-Sustaining Treatment form gives non-physicians the authority, without physician oversight, to enter medical orders that could effectually end a patient’s life.

Selling Land Owned With No Survivorship: Bond in Lieu of Probate or Probate? By Ellen Beth Gill June 2021 Bond in lieu of probate can be a quick and easy method for transferring title to Illinois real estate from a deceased sole owner or a deceased tenant in common, but it is not always the best choice for your client.

Settling Wrongful Death and Survival Claims In (and Out of) Probate Court By Steven A. Wade January 2021 A look at how to handle wrongful death and survival claims.

Spotlight on Trusts & Estates Section Council Member Judge Elizabeth M. Rochford By Mia O. Hernandez August 2021 A spotlight on a member of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Member: Amina Saeed By Mia O. Hernandez November 2021 A spotlight on one member of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Member: Robert Kaufman By Mia O. Hernandez July 2021 A spotlight on a member of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Cameron T. Lythberg and Jonathan D. Morton By Mia O. Hernandez September 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Janet L. Grove & Angelica Wawrzynek By Mia O. Hernandez April 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Joseph O’Keefe & Amina Saeed By Mia O. Hernandez March 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Nathan Beemster and Bryan J. Schrempf By Mia O. Hernandez October 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Oana Militaru & Marcos Resendiz By Mia O. Hernandez January 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Steven Dawson & Tiffanie B. Powell By Mia O. Hernandez June 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Susan Bart & Aaron D. Evans By Mia O. Hernandez February 2021 A spotlight on two members of the Trusts & Estates Section Council.

Spotlight on Trusts & Estates Section Council Members: Zisl Edelson & Mia O. Hernandez By Mia O. Hernandez May 2021 A spotlight on two members of the Trusts & Estates Section Council.

Stealing Houses? By Frank Pellegrini January 2021 What do you get when you combine identity theft with mortgage fraud? The FBI calls it house-stealing.

A Summary of the Trusts & Estates Section Council’s April 23, 2021, Business Meeting By Jennifer Bunker Skerston July 2021 A summary of the April 2021 Trusts & Estates Section's business meeting.

A Summary of the Trusts & Estates Section Council’s January 29, 2021, Business Meeting By Jennifer Bunker Skerston April 2021 A summary of the January 2021 Trusts & Estates Section's business meeting.

A Summary of the Trusts & Estates Section Council’s June 23, 2021 Business Meeting By Jennifer Bunker Skerston November 2021 A summary of the June 2021 Trusts & Estates Section's business meeting.

A Summary of the Trusts & Estates Section Council’s March 12, 2021, Business Meeting By Jennifer Bunker Skerston May 2021 A summary of the March 2021 Trusts & Estates Section's business meeting.