Publications

Section Newsletter Articles on Trusts and Estates

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.
Case study: Tips on closing a probate estate after 14 months By Richard P. Miller Trusts and Estates, December 2012 This article discusses the problems that can result from closing an estate beyond the 14-month period.
Predictions regarding the estate tax in 2013—Anyone? By Darrell Dies Trusts and Estates, December 2012 As we all know, the 11th hour is approaching regarding estate and gift tax law and as of this writing, Congress has not yet enacted legislation to provide us with any certainty.
How to conduct an Illinois will execution By Gerry W. Beyer and Eugene M. Kozob Trusts and Estates, October 2012 An unprofessional or unsupervised will execution ceremony may provide the necessary ammunition for a will contestant successfully to challenge a will.
Advance medical directive forms By Lin Hanson Trusts and Estates, September 2012 Some resources regarding end-of-life issues and advance medical directive forms.
Practice tip By Paul A. Meints Trusts and Estates, September 2012 Looking for a decedent's social security number? Try this...
Tax & estate planning issues for non-citizens By Michael R. Pieczonka and David A. Berek International and Immigration Law, August 2012 The first installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Proactive and crisis planning strategies under DRA and the SMART Act By Teresa Nuccio Trusts and Estates, July 2012 A highlight of the major changes under DRA and the SMART Act and will outline both proactive and crisis planning strategies that remain viable.
To list or not to list… By David C. Thies and Michael Shea Trusts and Estates, July 2012 Although an outside document may be incorporated by reference in a will, there are at least two potential drawbacks of choosing this approach.
Updating and cleaning out estate plan files By John Ahern Trusts and Estates, June 2012 Tips to provide you with a starting point when you need to "clean house."
Estate planning tips—From ethical wills to in terrorem clauses and beyond By Dennis J. Jacknewitz Trusts and Estates, May 2012 Practice tips for the estate planning practitioner.
Preserving the practice: Estate planning pitfalls for owners of a professional services firm By Aaron T. Troy and David F. Rolewick Trusts and Estates, May 2012 A brief summary of the possible problems associated with the death of a sole owner of a professional practice.
For what it’s worth—Odds and ends By Paul A. Meints Federal Taxation, April 2012 Updates of interest to tax practitioners.
Preparing a will for a client with communication challenges By Gerry W. Beyer Trusts and Estates, April 2012 This article reviews a variety of communication challenges and recommends techniques to reduce the likelihood of these challenges playing a part in setting aside the testator’s will.
Roth 401(k) plans By Leonard S. DeFranco Federal Taxation, April 2012 An overview of Roth accounts for retirement planning.
Whither the remainderman By Robert W. Kaufman and Amanda M. Byrne Trusts and Estates, April 2012 A discussion of the recent case of Carter v. Carter, and its treatment towards trust remaindermen.
Should your client consider a change of residency to avoid state estate taxes? By Margot Gordon Trusts and Estates, February 2012 To avoid state estate and income taxes, individuals who own homes in more than one state may be considering changing their residency to a state other than Illinois. Before one of your clients makes this decision, you will want to make sure that your client understands that changing his or her state residency can be fairly complicated.
Trust protectors By Thayer J. Herte Trusts and Estates, February 2012 How can the grantor ensure that after their death, their irrevocable trust is not modified in a way that totally turns on end or completely overrides their original intent? One option that has recently gained much attention is to name someone to be a “Trust Protector.”
2012 Estate/gift/income tax pointers By Paul A. Meints Trusts and Estates, January 2012 A comprehensive guide to the tax-related questions and issues that may arise in the coming year.
It’s more than the documents creating the estate plan and the taxes By Franklin M. Hartzell Trusts and Estates, January 2012 The author offers a list of topics to discuss with your client when planning for his or her future.
Historical review of inflation adjustments to estate tax exemptions By Gregg M. Simon Trusts and Estates, December 2011 A compilation of tables that illustrate the changes that have been made in estate tax exemptions over the years.
The Illinois gift tax and a planning opportunity, perhaps? By Gary R. Gehlbach Trusts and Estates, December 2011 With the $5 million federal gift and estate tax exemption and the $2 million Illinois estate tax exemption, a popular planning technique is to have clients make substantial lifetime gifts, using some or all of their $5 million federal gift tax exemption.