Continuing Legal Education

Representing the Elderly Real Estate Client

May 17, 2018
8:30 a.m. – 4:30 p.m.
6.00 MCLE hours, including 1.00 approved Professional Responsibility MCLE credit hours
Presented by Real Estate Law
Co-sponsored by Elder Law and Trusts and Estates

Northern Illinois University Conference Center
1120 E. Diehl Road
(map and directions)

Learn how to better represent and protect your elderly clients!

Over 40 million Americans are currently over the age of 65 – and that number is rapidly growing. The legal issues surrounding the elderly are wide-ranging and complicated, and can involve overlapping areas of practice. Real estate attorneys who represent elderly clients need to be aware of housing alternatives and the financial arrangements that are available, but also that this population is at a greater risk for exploitation and unfair practices. Real estate attorneys, elder law counsel, trusts and estates lawyers, and general practitioners with a basic to intermediate level of experience who attend this program will better understand: 

  • The various methods of real estate succession planning;
  • The pros and cons of reverse mortgages;
  • Mortgage foreclosures including foreclosure defenses and lease eviction defenses available to seniors;  
  • That ethical issues particular to the elderly client;
  • Real estate scams that target seniors;
  • The pros and cons of senior housing alternatives, including condos and assisted living centers;
  • The hot topic issues affecting seniors; and
  • Much more!


Program Coordinators:
Robert J. Duffin, Attorney at Law, Joliet
Myles L. Jacobs, Castle Law, Joliet
Ted M. Niemann, Schmiedeskamp Robertson Neu & Mitchell LLP, Quincy
Samuel H. Levine, Bryce Downey & Lenkov LLC, Chicago
Joel L. Chupack, Heinrich & Kramer P.C., Chicago

Program Moderator:
Adam B. Whiteman, Whiteman Borden, LLC, Chicago


NOTE: Your registration includes access to electronic course materials that will be sent to you via email prior to the seminar. Printed course materials may be purchased for a nomial fee via the registration page.



8:30 – 8:45 a.m.  Welcome and Introductions
Adam B. Whiteman, Whiteman Borden, LLC, Chicago

8:45 – 9:45 a.m.  Real Estate Succession Planning
Don’t miss this interactive discussion regarding the various methods of real estate succession planning, including the use of transfer on death instruments, revocable living trusts, land trusts, wills, property powers-of-attorney, and future interest conveyances, including best practices and estate tax planning.
Paul Peterson, Fidelity National Family of Title Insurance Companies, Chicago
James A. Nepple, Nepple Law, PLC, Moline

9:45 - 10:00 a.m.  Break (beverages provided)

10:00 – 10:45 a.m.  Reverse Mortgages
Learn the pros and cons of reverse mortgages, while gaining a better understanding of the Illinois Reverse Mortgage Act (765 ILCS 945).
Matthew Hulstein, Chicago Volunteer Legal Services, Chicago
Samuel H. Levine, Bryce Downey & Lenkov LLC, Chicago

10:45 – 11:45 a.m.  Elder Clients in Distress
Join us for this interactive discussion regarding mortgage foreclosures, including foreclosure defenses and workouts unique to seniors, lease eviction defenses available to seniors, the Fair Housing Act, and real estate tax sales, including indemnity fund relief.
Erica C. Minchella, Minchella & Associates Ltd., Skokie
Adrian P. Zeno, Zeno Law Office PC, Chicago
Joel L. Chupack, Heinrich & Kramer P.C., Chicago

11:45 a.m. – 1:00 p.m.  Lunch (on your own)

1:00 – 2:00 p.m.  Real Estate Ethics Issues and the Elderly Client*
Learn how to identify and resolve the professional responsibility issues that can arise when representing elderly clients, including the competency of elders executing instruments of conveyance and the confidentiality issues and conflicts of interest which may arise regarding the execution of real-estate related instruments of conveyance, such as wills and transfer on death instruments.
Melissa A. Smart, Illinois Attorney Registration and Disciplinary Commission, Chicago
Patrick D. Owens, DiMonte & Lizak, LLC, Park Ridge

2:00 – 2:45 p.m.  Real Estate Scams Targeting Seniors
Seniors are increasingly the victims of fraud. Join us for this presentation on mortgage fraud, including abuses involving reverse mortgages and the Mortgage Fraud Rescue Act, as well as fraud and the Home Repair and Remodeling Act and other scams.
Andrew T. Dougherty, Office of the Attorney General, Chicago
Adam B. Whiteman, Whiteman Borden, LLC, Chicago

2:45 – 3:00 p.m.  Break (refreshments provided)

3:00 – 4:00 p.m.  Senior Housing Alternatives and Related Topics
You won’t want to miss this informative discussion on the pros and cons of senior housing alternatives including (1) condos, condo associations, assessments and restrictive covenants; (2) senior assisted living alternatives; (3) Medicaid planning and pitfalls; and (4) senior citizen real estate tax exemptions and freezes.
Elizabeth Bartleman, Senior Star at Weber Place, Romeoville
David Zulkey, Zulkey and Associates, Chicago
Myles L. Jacobs, Castle Law, Joliet

4:00 – 4:30 p.m.  Hot Topics – Seniors and Real Estate
Join us for a discussion on cutting-edge elder client real estate topics, including the adverse effects of the Illinois Residential Real Property Transfer on Death Instrument Act and efforts to amend it.
Gary R. Gehlbach, Ehrmann Gehlbach Badger Lee & Considine LLC, Dixon
Edward J. Jarot, Jr., Castle Law, Joliet
Myles L. Jacobs, Castle Law, Joliet