Five Wishes: “zero cases of litigation”June 2009Column, Page 274We're flattered that authors Koenig and Hyde ("Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive," IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem.
Will construed according to plain and ordinary meaningNovember 2008Illinois Law Update, Page 554On September 5, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County ordering the proceeds from the securities found in the decedent's home to the charities in her will, and the beneficiaries to pay the 2005 and 2006 real estate taxes on the residences bequeathed to them.
Court affirms sua sponte dismissal of willAugust 2008Illinois Law Update, Page 390On May 19, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Champaign County which sua sponte dismissed an Illinois action, and vacated its earlier order admitting the will of Charles Ray Hoch to probate because of a similar case pending in Louisiana.
Undefined “death benefits” include life insurance proceedsJune 2008Illinois Law Update, Page 284On April 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Winnebago County ordering life insurance proceeds to be delivered to the decedent's children, instead of the listed beneficiary.
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.
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.