Subject Index Trusts

Trust Issues

By Peter Sullivan
January
2024
Article
, Page 36
In re Parentage of A.H.,and court-created section 503(g) trusts holding assets for future child support payments.

Busting the Myth About Corporate Trustee Fees

By Jay E. Harker
September
2023
Article
, Page 34
Clients should not dismiss using corporate trustees in order to avoid expenses.

An irrevocable trust may only be modified if the changes are consistent with the trust’s material purpose

September
2023
Illinois Law Update
, Page 16
On June 30, 2023, the First District of the Illinois Appellate Court held that an irrevocable trust may be modified if the changes are consistent with the trust’s material purpose.

To Gift or Not to Gift

By Gary R. Gehlbach
September
2023
Article
, Page 38
What happens after the federal gift and estate tax exemption is reduced in 2026?

A Year in Review; A Year Ahead

December
2022
Article
, Page 28
Select Illinois State Bar Association sections present their lists of top developments from 2022 and what to look for in 2023.

From Illinois to Delaware

By Ira N. Helfgot
August
2022
Article
, Page 26
A primer for creditors collecting judgments from Illinois and Delaware trusts.

The New Illinois Trust Code: Practical Pointers

By Daniel P. Felix
December
2019
Article
, Page 26
A summary of key provisions, including practical reminders, that should help trustees get up to speed quickly on the new Illinois Trust Code.

Long delay ruins plaintiffs’ property claim

September
2019
Illinois Law Update
, Page 14
On June 12, 2019, the Third District affirmed the trial court’s grant of the defendants’ motion for summary judgment, thereby rejecting a claim by relatives seeking to recover a farm that was not included in a testator’s will closed 52 years earlier.

A Trustworthy Effort

By Pete Sherman
August
2019
LawPulse
, Page 12
After nearly two decades of work, the new Illinois Trust Code is signed by the governor.

Taking Your Powers of Attorney to the Bank

June
2019
Article
, Page 18
Banks have been known to challenge power-of-attorney agents, but steps can be taken to prevent such conflicts.
1 comment (Most recent June 5, 2019)

It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning

By Darcy J. Chamberlin & Janna S. Dutton
April
2019
Article
, Page 28
Financial exploitation of the elderly is a growing social concern. Estate planners should examine issues involved in the exploitation of the elderly and consider provisions that may protect their clients.

Deciphering the Fiduciary Duties of Trust Protectors in Illinois

By George L. Schoenbeck
April
2018
Article
, Page 42
Trust protectors, increasingly popular in Illinois, enable trusts to more readily adapt to changing laws and circumstances. But to what extent may the settlor limit the fiduciary duties of trust protectors?
2 comments (Most recent April 5, 2018)

Protecting Client Settlement Funds with Special Needs Trusts

By Lauren Pierucci
August
2017
Article
, Page 40
Protecting Client Settlement Funds with Special Needs Trusts

From the Discussions - What if the Executor Is the Joint Tenant on the Decedent’s Disputed Bank Account?

March
2017
Article
, Page 39
Q. My client's estranged wife refuses to let him see the kids. Does that constitute "concealment," thereby justifying an order of protection against her?
1 comment (Most recent March 4, 2017)

From the Discussions - How do you show that the trustee accepted a transfer of real estate?

December
2016
Article
, Page 41
Q. How do you show acceptance by the trustee of a transfer of real property into a trust under Pub. Act 99-0743?

Rights of land trust beneficiaries shall not be impaired by change of trustee

October
2016
Illinois Law Update
, Page 18
Under the new Land Trust Beneficiary Rights Act, the rights of land trust beneficial owner(s) shall not be impaired by the change of trustee if beneficial owner(s) remain the same.

Trusts and Trustee Act amended to require recording of real property transfers to trust

October
2016
Illinois Law Update
, Page 18
The new amendments to this Act require that all transfers of real property to a trust must include a conveyance of legal title.

Overturning Mendelson: Bill would forbid conveying real estate to trust without deed

By Matthew Hector
May
2016
LawPulse
, Page 10
Proposed legislation would amend the Trusts and Trustees Act to require that all transfers of property into a trust be evidenced by a written conveyance and acceptance by the trustee.
1 comment (Most recent April 28, 2016)

Agent-Swapping POAs and More

December
2014
Column
, Page 596
Should a health care POA swap out agents after a triggering event?

Supreme court declines to extend doctrine of election beyond wills to trusts

By Adam W. Lasker
July
2013
LawPulse
, Page 330
The Illinois Supreme Court found the doctrine irrelevant to the facts of In re Estate of Boyar, leaving the question of whether it applies to trusts as well as wills for another day.

Opportunities and Pitfalls in the New Illinois Directed Trust Statute

By Daniel P. Felix
June
2013
Article
, Page 292
The new law allows unbundling of trustee investment and distribution responsibilities and adds a supervising trust protector.

Supreme court: decedent can’t use spendthrift trust to back out on gift

By Adam W. Lasker
November
2012
LawPulse
, Page 574
The ruling barred a decedent from using a spendthrift trust to effectively revoke his irrevocable gift to Rush Medical Center. Leading ISBA lawyers think it's time for the legislature to clarify Illinois trust laws.

Trusts & Trustees Act Modernized: Decanting and Directed Trusts

By Mary D. Cascino, Lyman W. Welch, & Susan T. Bart
November
2012
Article
, Page 596
Effective January 1, the Act gives estate planners two powerful new tools. Find out what they can do for your clients.

Dynasty Trusts for Everyone

By Mary D. Cascino
August
2012
Column
, Page 440
Dynasty trusts give even those of ordinary means a way to minimize estate taxes prospectively.

Three bills would modernize the Trusts and Trustees Act

By Adam W. Lasker
May
2012
LawPulse
, Page 234
Among other changes, the legislation would make nonjudicial trust modifications easier and limit the risk of liability for fiduciaries who handle specific trust-related tasks.

Attorney for the Trust: Does Attorney-Client Privilege Belong to the Trustee or the Beneficiary?

By Tina N. Babel
October
2010
Article
, Page 524
Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.

Amendment to the Trusts and Trustees Act regarding lapse of power to withdraw. PA 096-0980.

September
2010
Illinois Law Update
, Page 452
According to Illinois lawmakers, even if a beneficiary of a trust releases or waives his or her power to withdraw or allows it to lapse, the beneficiary still may not be considered to be a settlor or to have made a transfer to the trust. (755 ILCS 5/16.2)

Refuse the Bequest or Lose the Will Contest: The Unforgiving Doctrine of Election

By Robert S. Held
July
2010
Article
, Page 374
Beneficiaries who accept even a small bequest can be estopped from later challenging the will - and the principle applies to trusts, too.

Personal Liability of an Executor or Trustee - Time for a Change

By Timothy L. Bertschy
March
2010
Article
, Page 140
Illinois' common law too often makes estate and trust executors and trustees personally liable to third parties, the author argues.

The Illinois QTIP Election to the Rescue

By Robert J. Kolasa
December
2009
Article
, Page 612
Big news for estate planners - the new Illinois QTIP lets clients use the full federal exclusion without Illinois estate tax consequences.

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