New law will help trustees avoid Hobson’s ChoiceBy Helen W. GunnarssonSeptember 2002Lawpulse, Page 448SB 1697, now awaiting Gov. Ryan's signature, will make it easier for trustees of certain commonly used trusts to invest the principal so as to benefit both income and remainder beneficiaries.
The varying standards of client capacityBy Helen W. GunnarssonSeptember 2002Lawpulse, Page 448Making a will, signing a deed, executing a POA for property; they all require different standards of competence. What are they, and what do they mean for you and your clients?
Illinois Supreme Court cares for caretakersBy Helen W. GunnarssonAugust 2002Lawpulse, Page 392The high court upholds the Probate Act provision that allows a claim against the estate by selected relatives who serve as custodial caretakers.
A new — and overdue — Uniform Partnership ActBy Helen W. GunnarssonAugust 2002Lawpulse, Page 392Partnership will become an even more attractive form of business organization under the revised Act. But when will lawyers be able to form LLPs?
Bill requiring DNA samples awaits Ryan’s signatureBy Helen W. GunnarssonJuly 2002Lawpulse, Page 338Prosecutors and criminal defense attorneys alike praise the legislation, which requires everyone convicted of a felony to provide DNA for a statewide database.
Boyd laid down the law on spoliationBy Helen W. GunnarssonJuly 2002Lawpulse, Page 338Want to learn the law governing destruction of evidence in Illinois? Start with this 1995 Illinois Supreme Court decision.
Perspectives on death-penalty reformBy Helen W. GunnarssonJuly 2002Lawpulse, Page 338A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.
Uncle Sam sidesteps tenancy-by-the-entirety restrictionsBy Helen W. GunnarssonJuly 2002Lawpulse, Page 338A recent U.S. Supreme Court case holds that tax liens against one spouse attach to property held in tenancy by the entirety by both spouses, putting the IRS in a better position than other creditors.
New 7CA limits on arbitration agreementsBy Helen W. GunnarssonJune 2002Lawpulse, Page 282Employer-employee arbitration agreements that require each party to pay its own attorney fees in civil rights and sexual harassment cases are unenforceable, the seventh circuit rules.
Rule 213 changes take effect July 1By Helen W. GunnarssonMay 2002Lawpulse, Page 226Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.
A sizzling Rice soup for public officials?By Helen W. GunnarssonMay 2002Lawpulse, Page 226Public bodies violate the Open Meetings Act by acting on items that didn't appear on the agenda, the fourth district ruled recently in Rice v Board of Trustees.
A new law makes tenancy by the entirety easierBy Helen W. GunnarssonApril 2002Lawpulse, Page 168Thanks to recent legislation, lawyers can create this under-appreciated form of ownership for their married clients without expressly stating in the deed that the parties are husband and wife.
IRPTA; goodbye and good riddanceBy Helen W. GunnarssonMarch 2002Lawpulse, Page 114Real estate lawyers applaud the demise of the Illinois Responsible Property Transfer Act, which they say produced useless paperwork and little else.
Making mediation workBy Helen W. GunnarssonMarch 2002Lawpulse, Page 114Experienced lawyer-mediators offer tips for getting the most out of this increasingly popular alternative to litigation.
Prenups help couples put their cards on the tableBy Helen W. GunnarssonMarch 2002Lawpulse, Page 114Even though courts have broad discretion to ignore prenuptial agreements, couples can benefit from the process of creating them, a family practitioner says.