Estate Planning for the Rest of UsBy Helen W. GunnarssonOctober 2007Article, Page 520Most 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 arsenalBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?
Even More Uncertainty about Estate-Tax ApportionmentBy Carleen L. SchrederJune 2007Article, Page 306Two recent decisions interpreting apportionment waiver clauses in wills and revocable trusts make new law. Here's an analysis.
Anna Nicole Smith's WillBy Katarinna McBrideMay 2007Column, Page 270Informal speculation about what becomes of Anna Nicole's estate.
Helping Parents Plan for Children with Special NeedsBy Kerry R. Peck and D. Rebecca MitchellFebruary 2007Article, Page 82Drafting tips to help lawyers help parents plan, financially and otherwise, for special-needs children.
Living-trust scams: all too alive and well in IllinoisBy Helen W. GunnarssonDecember 2006Lawpulse, Page 642Meanwhile, a recent Indiana Supreme Court opinion unambiguously declares that drafting a testamentary trust is the practice of law.
Equitable apportionment proper where will is silent as to covering shortfallsOctober 2006Illinois Law Update, Page 526On July 20, 2006, the Illinois Appellate Court, Third District, answered a certified question brought on interlocutory appeal and remanded the cause back to the Circuit Court of Rock Island County.
Should You Store Your Client's Will?By Helen W. GunnarssonOctober 2006Article, Page 532More and more lawyers say it's a bad idea. But what do you do instead? Is a central will repository the answer?
A will and will substitute may coexistSeptember 2006Illinois Law Update, Page 464On July 7, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of McHenry County, which relied on extrinsic evidence of a settlor's intent in interpreting and reforming the settlor's trust.
The Increasing Estate-Tax Exclusion AmountBy David A. BerekAugust 2006Column, Page 440Here's a look at legislative proposals for making the higher estate-tax exclusion permanent.
The Playmate and the Probate ExceptionBy James E. PfanderJune 2006Column, Page 320The probate exception lay dormant for decades, but Anna Nicole Smith's case revived it.
Probate Act section should be read independently of IMDMAApril 2006Illinois Law Update, Page 174On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child.
New limits for family limited partnershipsBy Helen W. GunnarssonAugust 2005Lawpulse, Page 382Casting 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.
The several risks of joint representationBy Helen W. GunnarssonMay 2005Lawpulse, Page 226What about representing both members of a couple on an estate plan? Two or more partners to a business deal? You can do it – sometimes – if you take the proper steps.
Ademption preemptionBy Helen W. GunnarssonDecember 2004Lawpulse, Page 614Remember the ademption doctrine from your Wills and Estates class? No? Read on.
A new, higher limit for small-estate affidavitsBy Helen W. GunnarssonOctober 2004Lawpulse, Page 508The ceiling for small estate affidavits has doubled from $50,000 to $100,000. But will it make the well-meaning people who serve as affiants more attractive targets for lawsuits?
Allowing property to pass intestate cannot be considered an act of givingSeptember 2004Illinois Law Update, Page 456On June 17, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's grant of summary judgment in favor of the defendants.