Become an Illinois Bar Foundation ChampionBy Jessica R. DurkinNovember 2024At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Case Law UpdateBy Michael L. EnglishSeptember 2024Summaries of written decisions in two cases of interest to trust & estates practitioners.
Elder Law and Special Needs Update Year–End 2024 and MoreBy Zisl Edelson, J.D., MBADecember 2024A discussion regarding the most important 2024 updates for Medicaid and Supplemental Security Income of interest to estate planning practitioners.
Illinois Trust Code Amendments Adding New Obligations for TrusteesBy Neil T. GoltermannDecember 2024The purpose of this article is to identify and discuss the amendments to Sections 809 and 810 of the Illinois Trust Code pursuant Public Act 103-0977, which is effective January 1, 2025, and the issues attorneys involved in drafting trusts, as well as the administration of trusts, may want to take into consideration.
The Importance of Estate Planning: Issues Facing Minor BeneficiariesBy Angel WawrzynekJuly 2024As a result of the maxim that minors cannot legally represent their own interests in court, lawsuits are often filed by the parent or next of kin. In the trust and estate context, this is generally insufficient.
In re Hirschfeld—Presumptions of Gift or Undue Influence, Fraud for POA SpouseBy Chad J. RichterNovember 2024On August 1, 2023, the Illinois Appellate Court of the Fifth District clarified a nuance to the burden-shifting presumptions applied to spouses and fiduciaries. The Hirschfeld case concerned a citation to recover assets proceeding brought by the decedent’s children of a former marriage against the surviving spouse, who was also the attorney-in-fact of the decedent.
The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to RefuseBy Michael J. FleckDecember 2024Senate Bill 3421 was enacted as Public Act 103-0994 on August 9, 2024, to be effective January 1, 2025. The Public Act makes certain changes to the Illinois Power of Attorney Act, specifically under Section 2-8. This article will focus on the practical logistics of handling powers of attorney due to these recent amendments, to minimize the chance that powers of attorney are rejected by a third party.