Publications

Section Newsletter Articles on Trusts and Estates

Flinn Report summary – May 15, 2015 through June 26, 2015 By Joseph P. O’Keefe Trusts and Estates, August 2015 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Legislative update By Justin J. Karubas Trusts and Estates, August 2015 Legislation of interest to trusts & estates practitioners.
Flinn Report summary – April 10, 2015 through May 8, 2015 By Joseph P. O’Keefe Trusts and Estates, June 2015 A summary of Illinois agencies' regulatory decisions that relate to trusts & estates.
Gun trusts… By Darrell Dies Trusts and Estates, June 2015 With the recent adoption of the right-to-carry in Illinois under the Firearm Concealed Carry Act, an Illinois attorney might be confronted with a client that wants and/or believes there is a need for a gun trust.
Present gift or future interest? The enforceability of gifting to a Crummey Trust with a religious arbitration panel requirement By Sean D. Brady and Bryan Wellner Trusts and Estates, June 2015 Are you looking for law clarifying when a gift is a gift of a present interest? Are you looking for law on a religious arbitration panel requirement in an estate plan? If you answered yes to either of those questions, then take a look at Mikel v. Comm’r.
Beneficiaries beware: Enforceability of spendthrift clauses in bankruptcy after In re: Castellano By Aaron T. Troy Trusts and Estates, May 2015 The Bankruptcy Court’s broad interpretation of the phrase “self-settled trust or similar device” as used in Section 548(e) was rejected. But the Castellano case is still a relevant look into the scope of Section 548(e) and the effectiveness of spendthrift trusts in bankruptcy.
Accountant privilege in Illinois after Brunton v. Kruger By Hilary E. Wilde Trusts and Estates, April 2015 In Brunton v. Kruger, the Illinois Supreme Court was called upon to interpret Illinois’ statutory accountant privilege.
Another method of will revocation - from Estate of Stoker, 193 Cal. App. 4th 236 (Cal. 2011) Trusts and Estates, April 2015 A rather unusual, yet apparently effective method of revoking a will.
Ernie Banks: A primer By Tim Ritchey and Madeleine Minton Young Lawyers Division, April 2015 Legendary Chicago Cubs player Ernie Banks’ story is a learning moment for any lawyer who may face the issue of undue influence.
Flinn Report summary – January 23, 2015 through April 3, 2015 By Joseph P. O’Keefe Trusts and Estates, April 2015 A summary of Illinois agencies' regulatory decisions that relate to trusts & estates.
Valuation sanity revisited By Tony Garvy and James Arogeti Trusts and Estates, April 2015 What does the Ninth Circuit’s reversal of the U.S. Tax Court in Estate of Natale B. Giustina portend for valuations of minority interests?
The implications of political positions on tax reform for estate planning By Richard A. Sugar Trusts and Estates, March 2015 A look at tax reform proposals from different political philosophies.
Reflections from the 2015 Heckerling Institute By Timothy S. Midura Trusts and Estates, March 2015 Author Timothy Midura attended the 2015 Heckerling Institute and shares his perspectives.
Flinn Report Summary – December 9, 2014 through January 16, 2015 By Joseph P. O’Keefe Trusts and Estates, February 2015 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Legislation Committee Report—99th General Assembly By Justin J. Karubas Trusts and Estates, February 2015 A list of the bills the Trusts & Estates Section's Legislation Committee is monitoring during this session of the Illinois General Assembly.
Stepping up the Basis on Credit Shelter Trust Assets: Having your cake and eating it too By Curt W. Ferguson Trusts and Estates, February 2015 The Basis Bump Trust™ is one new tool for the new environment: estate tax avoidance if the clients need it, but capital gain step up to the extent they could still have it.
Flinn Report summary—September 9, 2014 through December 12, 2014 By Joseph P. O’Keefe Trusts and Estates, January 2015 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Case law update By Ray Prather and Heather McPherson Trusts and Estates, December 2014 Recent cases of interest to trusts & estates practitioners.
Flinn Report summary By Joseph P. O’Keefe Trusts and Estates, December 2014 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Someday all this will be yours: A history of inheritance and old age By Juan C. Antúnez Trusts and Estates, December 2014 The author discusses a Princeton history professor's fascinating study of more than 200 New Jersey appellate opinions involving estate disputes from 1840 to 1940.
Why do clients engage estate planners? By Alan R. Press Trusts and Estates, November 2014 Earlier this year, Wealth Counsel and Wealth Management.com released their 7th Annual Industry Trends survey. View some of the highlights here.
Are electronic wills coming to a state near you? By Darrell Dies Trusts and Estates, October 2014 Although electronic Wills have some practical appeal for the tech-savvy generation, given the security, privacy and authenticity concerns, they are not likely to pick up steam in the near future. However, don’t count them out.
Errata By Gary R. Gehlbach Trusts and Estates, October 2014 Gary Gehlbach provides a revision to his article that appeared in the June 2014 issue of this newsletter.
Legislation Committee report By Justin J. Karubas Trusts and Estates, October 2014 A summary of recent statutory changes in Illinois law of interest to trusts and estates practitioners.
Consider drafting from a trustee’s perspective—Practice tip By Tracy S. Dalton Trusts and Estates, September 2014 Some advice for drafting a trust agreement.
Flinn Report summary By Joseph P. O’Keefe Trusts and Estates, September 2014 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Legislation Committee report By Robert W. Kaufman Trusts and Estates, September 2014 An update to the Committee's July report.
Small estate agreement—Practice tip By Gary R. Gehlbach Trusts and Estates, September 2014 The author shares his sample agreement, which is typically coupled with a small estate affidavit.
Spendthrift Trust beneficiary checkmated by Bankruptcy Code 548(e) in Castellano By Jay Adkisson Trusts and Estates, September 2014 If the Court’s rationale is followed in future cases, millions of existing trusts may be defective as to the operation of their Spendthrift Clause, if the Trust may be deemed to terminate immediately upon the death of the Settlor.
Flinn Report summary—July 2014 By Joseph P. O’Keefe Trusts and Estates, July 2014 A summary of regulatory decisions of Illinois agencies of interest to trust and estate practitioners.