Section Newsletters

Articles on Trusts and Estates

IRS Extends Automatic Relief for Late Portability Election By Aaron D. Evans Trusts and Estates, September 2022 Since portability was introduced, many taxpayers have missed the opportunity to elect portability of a deceased spouse's unused exclusion amount.
It’s Time for Illinois to Revisit the Fiduciary Exception to Attorney-Client Privilege By Peter M. Brady Trusts and Estates, September 2020 Considering the new rules and duties imposed by the new Illinois Trust Code, Illinois courts may be forced to revisit the fiduciary exception to attorney-client privilege.
Contingent claims: A different take on Vernon v. Schuster By Sherwin D. Abrams Trusts and Estates, March 2018 Might the result in Vernon v. Schuster have been different had the plaintiffs considered a different approach?
Electronic wills—The future is now By Patrick D. Owens Trusts and Estates, March 2018 This article explores the history of technological advances as it relates to trusts and estates, future technology, existing federal and state laws that govern the electronic execution of documents, a few cases, and the Uniform Law Commission’s (ULC) electronic wills drafting committee.
1 comment (Most recent March 27, 2018)
Flinn Report summary—Jan. 5, 2018 - Feb. 2, 2018 By Joseph P. O’Keefe Trusts and Estates, March 2018 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
When life gets complicated By Signe Gleeson Trusts and Estates, March 2018 Does your client need a 'professional care manager'?
Case law summaries By Phil Koenig Trusts and Estates, February 2018 Recent cases of interest to Trusts & Estates practitioners.
Estates and trusts have to file income taxes By Cary A. Lind Trusts and Estates, February 2018 Most clients who come in with simple estates and trusts have no idea that fiduciary income tax returns may have to be filed or that it may be beneficial to file them even if no taxes are due. Even more alarming, many attorneys have no idea that they need to address fiduciary income taxes in virtually every estate.
Flinn Report summary – September 1, 2017 through December 29, 2017 By Joseph P. O’Keefe Trusts and Estates, February 2018 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Survival of claims—Renunciation of wills By Patrick M. Kinnally Trusts and Estates, February 2018 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Estate planning during dissolution proceedings By Lauren Evans DeJong Trusts and Estates, January 2018 There is no limit to the estate planning vehicles that can be used during the pendency of dissolution proceedings.
Probate citation proceedings: Part 2 By Cary A. Lind Trusts and Estates, January 2018 The goal of Citation proceedings is to recover assets that are not in the estate but should be in the estate.
The bond that’s not: How to convey real estate in an unprobated estate By Frank Pellegrini Trusts and Estates, December 2017 Is the “bond-in-lieu-of-probate” right for your clients?
A call to account By Cary A. Lind Trusts and Estates, November 2017 An accounting is supposed to summarize the financial aspects of an estate. It should show everything that comes in, everything that goes out, and the balance remaining.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Trusts and Estates, November 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
U.S. v. Balice: IRS successfully pierced trust By Martin M. Shenkman Trusts and Estates, November 2017 The lessons of Balice, acknowledging that it’s yet another very bad fact case, might still provide some insight to practitioners and clients structuring trusts for asset-protection planning, divorce planning, as well as estate-tax planning.
In re Estate of Thomas F. Shelton: Insights and impact (Part I) By Kristen Hosack Pace Trusts and Estates, October 2017 This article examines this recent case and explores its potential ramifications, including its impact on litigants claiming breach of fiduciary duty.
1 comment (Most recent October 20, 2017)
A summary of the Trusts & Estates Section’s June, 2017 business meeting By Colleen L. Sahlas Trusts and Estates, October 2017 Find out what this section has been up to lately.
Trustee’s acceptance of a deed in trust By John J. Horeled Senior Lawyers, October 2017 A new statute requires a written acceptance of a conveyance of real estate by the grantee/trustee.
5 comments (Most recent July 14, 2021)
Survival of claims—Renunciation of wills By Patrick M. Kinnally Civil Practice and Procedure, September 2017 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Estate planning during dissolution proceedings By Lauren Evans DeJong General Practice, Solo, and Small Firm, August 2017 There is no limit to the estate planning vehicles that can be used during the pendency of dissolution proceedings.
Mom had a life insurance policy, but we can’t find it! By Michael J. Maslanka Trusts and Estates, August 2017 If the client indicates that he or she cannot find any information about a life insurance policy, but knows that one existed, you can suggest that the client utilize the Illinois Life Policy Locator Service through the Illinois Department of Insurance.
Posthumously conceived children reborn in Illinois re Social Security survivor benefits and inheritance By David Shayne Trusts and Estates, August 2017 A look at the changes brought about as a result of Public Act 100-0085, which rewrites Illinois Probate Act Section 2-3.
Public Act 99-743: Deeds in Trust and Acceptance by the Trustee By Richard F. Bales Trusts and Estates, August 2017 A look at the Trusts and Trustees Act's new Section 6.5, "Transfer of Property to Trust."
Case law update By Raymond Prather Trusts and Estates, July 2017 Recent cases of interest.
Estate tax account transcript now formally recognized as a substitute for an Estate Closing Letter, but should you use it? By Lawrence J. Gregory Trusts and Estates, July 2017 The IRS recently issued formal guidance on the availability and use of account transcripts in lieu of an Estate Closing Letter. However, practitioners should be careful about its use.
Heirships By Cary A. Lind Trusts and Estates, July 2017 Everyone has heirs, even if they are distant, unknown, or cannot be located.
1 comment (Most recent July 17, 2017)
Include trustee’s acceptance language in an instrument conveying real property out of a land trust into a living trust By Colleen L. Sahlas Trusts and Estates, June 2017 When conveying real property out of a land trust to a living trust, don’t rely on the land trust company to prepare an instrument of conveyance that includes a written acceptance by the trustee of a trust to fulfill the new Illinois Statute at 760 ILCS 5/6.5(a).
Case law update By Raymond W. Prather Trusts and Estates, April 2017 These cases were discussed by the ISBA's Trusts & Estates Section Council at its December and February meetings.
The obsolescence of the full power deed in trust By Gary R. Gehlbach Trusts and Estates, March 2017 Author Gary Gehlbach considers whether the 'full power' provisions of a trust continue to be necessary.

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