Publications

Section Newsletter Articles on Trusts and Estates

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.
Proposed regulations affecting the uniform basis rule as applied to charitable remainder trusts By Raymond W. Prather Trusts and Estates, July 2014 On January 17, 2014, the IRS issued proposed regulations on uniform basis for charitable remainder trusts.
Small estate administration primer By Gary R. Gehlbach Trusts and Estates, June 2014 While administering a decedent’s estate can be quite simple at times, often the attorney will find that there are nuances that require thought and skills that can be utilized to benefit the client.
The accountant-client privilege By Matthew A. Nelson Trusts and Estates, May 2014 The 4th District Appellate Court recently established an exception to the accountant-client privilege in the case of Brunton v. Kruger.
Ethics corner: Identity fraud in estate planning By Deborah B. Cole Trusts and Estates, April 2014 In light of the increased risk of identity theft, this might be a good time to update your client intake procedures and make sure that your staff is instructed to check for identification before notarizing documents or giving out information.
Probate estate engagement letters and petition for attorney fees in probate court By Richard P. Miller Trusts and Estates, April 2014 A comprehensive engagement letter to the estate’s representative minimizes the possibility of misunderstanding regarding attorney’s fees.
Estate planning, trusts and estates potpourri for 2014 By Dennis J. Jacknewitz Trusts and Estates, March 2014 The author shares some items of interest.
Residency of Grantor is irrelevant in determining whether Illinois may tax income of inter vivos trusts pursuant to recent Fourth District Appellate Court ruling in Linn v. The Department of Revenue By Jennifer Bunker Trusts and Estates, March 2014 The Fourth District Appellate Court, in Linn v. Dep’t of Revenue recently held that the residency of an inter vivos trust’s grantor in the State of Illinois is insufficient to satisfy due process for income from that Trust to be taxable by the State of Illinois.
Estate planning of the rich and famous By Timothy Rtchey Young Lawyers Division, February 2014 A reminder that even young attorneys should have their estate planning documents in place.
Heckerling reflections By Timothy S. Midura Trusts and Estates, February 2014 The author shares his 'global take-aways' from the January 2014 Heckerling Institute in Orlando.
Pour me another trust By Heather McPherson Elder Law, November 2013 Decanting is a great tool for practitioners to use in one’s estate, trust, and elder law practice, because it allows trusts that could otherwise not be changed to be rewritten to adjust to changed circumstances, as well as for corrections to trusts that were poorly drafted.
Practice Tip—Dealing with beneficiary election in your trusts By Paul A. Meints and Darrell Dies Trusts and Estates, November 2013 Some helpful language that an estate planner might utilize in the client’s inter vivos trust instrument to attempt to deal with the doctrine of election.
Conveying farmland subject to CRP contracts By Gary R. Gehlbach Trusts and Estates, September 2013 Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
DiMatteo case clarifies requirements for pleading a cause of action for will contest/tortious interference with testamentary expectancy By Edward J. Jarot Trusts and Estates, September 2013 The recent decision in In re Estate of Richard DiMatteo has clarified the requirements to successfully plead a cause of action for invalidating a last will and testament.
Essential estate planning for business owners By Michael C. Foltz Business Advice and Financial Planning, September 2013 The conventional estate plan addresses the disposition of assets and mitigation of taxes, while business owners require estate planning and business succession documents that compliment one another.
Luccio, Intentional Interference w/ an Expectancy & the six-month non-claim statute By William R. Kuehn and Natalie M. Kuehn Trusts and Estates, September 2013 Where a trust contest under 8-1(f) is unavailable to a potential plaintiff because of the plaintiff’s lack of awareness, the plaintiff may proceed with an intentional interference claim after the six-month limitation period has run. How much awareness or lack thereof will courts require to determine whether a party is getting a second bite at the apple?
Practice tip—How to plan for digital assets By Frank M. Greenfield Trusts and Estates, August 2013 Financial and personal data stored online has value and should be included as a component of the estate planning process.
What is remarkable for estate planners about the Windsor Supreme Court decision? By Richard A. Sugar Trusts and Estates, August 2013 In a momentous decision issued on June 26, 2013, the United States Supreme Court in U.S. v. Windsor issued its first substantive decision on the controversial subject of same-sex marriage.
Captive insurance companies—A reassuring way to self-insure By Jesse T. Coyle Trusts and Estates, July 2013 The author, who recently helped to pass North Carolina's Captive Insurance Company law, discusses this unique estate planning vehicle.
An introduction to probate estates By Priscilla Singer Young Lawyers Division, June 2013 A primer for those who have yet to open a probate estate.
Suggestions to handle probate estate attorney fee issues By Thomas Bransfield Trusts and Estates, June 2013 A follow-up to the author's May 2012 article that examined ISBA Advisory Opinion No. 13-01.
Prudent investor rule chiseled away in Carter v. Carter By Robert S. Held Trusts and Estates, May 2013 Practitioners, mindful of the Carter opinion, must now consider amending existing trust documents or advising their current clients of the altered landscape affecting the duties of a trustee.
Reflections on the Illinois decanting and directed trusts statutes By Timothy S. Midura Trusts and Estates, May 2013 Having studied the Illinois directed trusts statute and the decanting statute and then working with them practically, the author now makes some reflections and offers some tips.
When to file a probate claim By Philip E. Koenig Trusts and Estates, May 2013 In Water Tower Nursing v. Estate of Weil, the First District Court of Appeals affirmed that merely mailing a copy of a claim to the court or the representative of an estate does not necessarily constitute timely filing.
Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber and J. Amber Drew Young Lawyers Division, April 2013 A will should include a paragraph that allows the Executor to set up Supplemental Needs Trusts, if, at the time of the death of the testator, any beneficiaries qualify under the Social Security Administration’s definition of “disabled.”
It is 10:00 p.m., do you know who are your kids? By Edward R. Sherman Trusts and Estates, April 2013 While the case of DeHart v. DeHart involved numerous will contest issues, two issues were addressed that will have a profound effect on estate planning and estate litigation.
Tips from Heckerling 2013 and beyond By Dennis J. Jacknewitz Trusts and Estates, March 2013 The author shares what he learned from Heckerling and in the months since the conference in light of the new American Taxpayer Relief Act of 2012.
The Doctrine of Necessaries—Coming to a state near you? By Paul A. Meints Trusts and Estates, February 2013 In Emerson Village, LLC. v. Jode, a Massachusetts trial court recently ruled that a wife is legally responsible for the cost of her husband’s nursing home care under the doctrine of necessaries.
The evolving law surrounding quantum meruit claims against decedents’ estates By David M. Lutrey and Jeff O’Kelley Trusts and Estates, January 2013 It’s a common scenario. Someone dies leaving a substantial estate. A claimant surfaces alleging that he performed services for the decedent. How does the claimant prove his claim?
Thoughts regarding In re estate of Donna Lynn Denton, 2012 IL App (2d) 110814 By Darrell Dies Trusts and Estates, January 2013 Until the legislature amends Sections 18-10 and 18-13 of the Probate Act to include claims in guardianship estates, a guardianship attorney may want to record a memorandum of judgment of any allowances awarded by the probate court in order to secure the claims against real estate.