Publications

Illinois Bar Journal
Articles on Estate Planning

Be Careful What You Wish For: Analyzing the"Five Wishes" Advance Directive By Ray J. Koenig III and MacKenzie Hyde May 2009 Article, Page 242 The popular Five Wishes document helps clients think about life issues. But don't use it in place of Illinois statutory forms, these authors argue.
Passing the Buck: Private Split-Dollar for Every Vocabulary By Katarinna McBride May 2009 Column, Page 262 Split-dollar agreements allow wealthy clients to use life-insurance trusts to avoid gift taxes and maximize estate value.
Illinois Estate Tax Planning in 2009 and Beyond By Gary R. Gehlbach and Emily R. Vivian February 2009 Article, Page 80 Beginning this year, the gap between the Illinois and federal estate tax widens. This article discusses the implications and makes the case for an Illinois QTIP.
Waiver of Minimum Required Distributions for 2009 By David A. Berek February 2009 Column, Page 102 A new law lessens the impact of the market downturn on retirement accounts.
Estate Planning for FDIC Coverage By Katarinna McBride November 2008 Column, Page 590 New FDIC rules provide more protection for revocable trusts.
How to use Gifts to reduce Illinois estate taxes By Robert J. Kolasa November 2008 Article, Page 580 In 2009, federal and Illinois estate taxes will be "decoupled." Here's how estate planners can use gifts to help clients pay less.
New Preparer Standards For Estate, Gift Returns By David A. Berek February 2008 Column, Page 102 The standards and penalties long app-licable to income tax returns now apply to estate and gift tax filings.
Medicaid Planning in Illinois: Are You Ready for the DRA? By Kirsten Izatt November 2007 Article, Page 586 The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.
Year-End Planning for Trust-and-Estate Clients By David A. Berek November 2007 Column, Page 606 It's not too late to implement some tax-saving strategies for your estate-planning clients.
Estate Planning for the Rest of Us By Helen W. Gunnarsson October 2007 Article, Page 520 Most people don't have estates large enough to owe tax when they die. But they still need estate-planning advice.
POD and TOD accounts and your estate-planning arsenal By Helen W. Gunnarsson October 2007 Lawpulse, Page 510 Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?
What's Great about GRATs? By David A. Berek August 2007 Column, Page 438 A look at how and why to use grantor retained annuity trusts.
Can lawyers patent their legal techniques? By Helen W. Gunnarsson July 2007 Lawpulse, Page 342 A patent issued on an estate-planning technique has that bar buzzing.
Anna Nicole Smith's Will By Katarinna McBride May 2007 Column, Page 270 Informal speculation about what becomes of Anna Nicole's estate.
Are Investment Advisory Fees 100-Percent Deductible? By David A. Berek February 2007 Column, Page 104 The federal circuits are split and the seventh circuit is silent.
New Pension Protection Act a Boon to Giving By David A. Berek November 2006 Column, Page 628 A new law lets age-70-plus taxpayers give up to $100K from their IRAs to charity.
Estate Planning for Disabled Adults: The Legal Framework By Thomas A. Pasquesi May 2006 Article, Page 242 A look at the standards that guide guardians and courts charged with making decisions on behalf of incompetent wards.
Legislation Would Reduce Confusion for Health Care, Property POA Agents By David A. Berek May 2006 Column, Page 262 Two important legislative proposals that estate planners should know about.
Higher Exclusion Limit Presents New Opportunities for Gifts to Minors By David A. Berek February 2006 Column, Page 94 A new law raised the gift tax ceiling: are you taking advantage for your clients?
Three New Illinois Laws Affect Estate-Planning Practice By David A. Berek November 2005 Column, Page 600 Find out more about Illinois estate-tax revisions, series LLCs, and the Disposition of Remains Act.
New limits for family limited partnerships By Helen W. Gunnarsson August 2005 Lawpulse, Page 382 Casting a shadow over a popular tax avoidance device, a recent case disallowed an estate tax break for a decedent who maintained too much control over the business he transferred to his family limited partnership.
Taxes, Marital QTIP Trusts, and Anti- Apportionment Clauses By David Berek August 2005 Column, Page 418 It's time to revisit the language you've been using in QTIP trusts.  Find out why.
Help Your Client Choose the Right Advance Directive By Helen W. Gunnarsson June 2005 Article, Page 284 Advance directives aren't as simple as most people think. Here's how to help clients tailor POAs and living wills to their wishes.
Is the Family LLC Still a Good Asset Protection Device? By David Berek May 2005 Column, Page 256  Is a debtor's interest in a family LLC still beyond the reach of creditors?
Business Succession Planning: Lessons from True, Blount and Smith By David Berek February 2005 Column, Page 94 The IRS is taking a harder look at how the parties to buy-sell agree-ments for closely held businesses are calculating fair-market value.
New Small Estate, Anti-Lapse, Health POA Provisions By David Berek November 2004 Column, Page 601 A summary of three new estate-planning laws.
When Can A Disabled Surviving Spouse Renounce a Will? By Thomas A. Pasquesi June 2004 Article, Page 310 This article reviews the murky law of will renunciation by mentally incompetent surviving spouses.
This is Me Leaving You: Illinois Departs from the Federal Estate Tax Scheme By Susan T. Bart January 2004 Article, Page 20 A critical look at legislation "decoupling" Illinois' estate tax from the federal credit.
Estate Planning for Twenty-First Century Families By Janet L. Grove December 2003 Article, Page 631 In this age of blended families and test-tube babies, the familiar estate-planning boilerplate needs revision.
Illinois' New Estate-Tax Law By David A. Berek September 2003 Article, Page 465 An overview of Illinois' newly "decoupled' estate-tax scheme.
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