Subject Index Estate Planning

Busting the Myth About Corporate Trustee Fees

By Jay E. Harker
September
2023
Article
, Page 34
Clients should not dismiss using corporate trustees in order to avoid expenses.

An irrevocable trust may only be modified if the changes are consistent with the trust’s material purpose

September
2023
Illinois Law Update
, Page 16
On June 30, 2023, the First District of the Illinois Appellate Court held that an irrevocable trust may be modified if the changes are consistent with the trust’s material purpose.

To Gift or Not to Gift

By Gary R. Gehlbach
September
2023
Article
, Page 38
What happens after the federal gift and estate tax exemption is reduced in 2026?

A Year in Review; A Year Ahead

December
2022
Article
, Page 28
Select Illinois State Bar Association sections present their lists of top developments from 2022 and what to look for in 2023.

From Illinois to Delaware

By Ira N. Helfgot
August
2022
Article
, Page 26
A primer for creditors collecting judgments from Illinois and Delaware trusts.

The New & Improved Transfer on Death Instrument Act

By Charles G. Brown & Nathan Hinch
February
2022
Article
, Page 30
The amended Transfer on Death Instrument Act adds options for clients seeking cost-effective and straightforward ways to transfer real property at death.

Repose in Peace

By David C. Thies, Daniel R. Thies, & Mia O. Hernandez
October
2021
LawPulse
, Page 10
The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.

Selling Land Owned With No Survivorship

September
2021
Article
, Page 10
Using bond in lieu of probate for transferring title.

Who Are My Qualified Beneficiaries?

By Susan T. Bart
May
2021
Article
, Page 26
Navigating the differences between qualified, current, and presumptive remainder beneficiaries in the new Illinois Trust Code.
1 comment (Most recent May 4, 2021)

Thoughts at 5 a.m.

By Gary R. Gehlbach
February
2021
Article
, Page 24
A veteran attorney shares insights into estate planning and administration.

Settlement agreements for a decedent’s estate must be signed by trustees

January
2021
Illinois Law Update
, Page 14
On Oct. 20, 2020, the First District of the Illinois Appellate Court held that settlement agreements for trusts must be signed by a trustee to be enforceable because the trustee is a necessary party.

A trust’s plain language must be examined when adjudicating unjust enrichment claims

November
2020
Illinois Law Update
, Page 18
On Aug. 31, 2020, the Third District of the Illinois Appellate Court held that a trustee’s distribution of a trust’s income and principal to only one of the beneficiaries did not constitute unjust enrichment.

Are Your Remote Signings Camera Ready?

September
2020
Article
, Page 14
The technology for recording estate-planning document signings has been inexpensive and readily accessible for decades.

Recorded deed found not subject to fraudulent concealment

September
2020
Illinois Law Update
, Page 18
On June 24, 2020, the Second District of the Illinois Appellate Court held that recorded deeds are not subject to fraudulent concealment.

Related attorney-in-fact required to reimburse estate due to presumption of fraud

June
2020
Illinois Law Update
, Page 14
A son’s financial dealings as the attorney-in-fact for his father led to reimbursement and reversal.

Retroactive effect given to disclaimer to allow QTIP election for Illinois estate tax

June
2020
Illinois Law Update
, Page 14
A husband executed a trust that gave his wife a power of appointment that was exercisable during her lifetime and allowed appointment to persons other than herself.

Sign Anywhere but Here

May
2020
Article
, Page 14
Notaries, signatures, and witnesses during a time of sheltering in place and social distancing.
1 comment (Most recent May 11, 2020)

Transfers from parents to children presumed to be gifts

March
2020
Illinois Law Update
, Page 20
On Dec. 26, 2019, the First District Appellate Court found that a claimant in a probate case had not demonstrated by clear and convincing evidence that the transfers he made to his son and daughter-in-law were loans rather than gifts.

Maybe Next Year

January
2020
Article
, Page 22
What are heirs to do with permanent and nonpermanent Chicago Bears tickets?

When Is a Person or Trust an Illinois Resident?

By Richard A. Sugar
December
2019
Article
, Page 32
Determining whether a person or trust is an “Illinois resident” for income- and estate-tax purposes requires understanding the differences and similarities between “domicile” and “resident.

Wrapping Your Head Around the Illinois Estate Tax

By Robert J. Kolasa
July
2019
Article
, Page 38
Practitioners must master a confusing array of rules to advise clients on Illinois estate taxes.

Taking Your Powers of Attorney to the Bank

June
2019
Article
, Page 18
Banks have been known to challenge power-of-attorney agents, but steps can be taken to prevent such conflicts.
1 comment (Most recent June 5, 2019)

It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning

By Darcy J. Chamberlin & Janna S. Dutton
April
2019
Article
, Page 28
Financial exploitation of the elderly is a growing social concern. Estate planners should examine issues involved in the exploitation of the elderly and consider provisions that may protect their clients.

From the Newsletters - Estate Planning for Second Marriages

By Richard W. Kuhn
March
2019
Article
, Page 24
Practical advice for estate planning attorneys encountering this emerging client demographic.

Debts, Secret Tax Liens, and Other Estate Traps

By Derek M. Johnson
October
2018
Article
, Page 28
Federal income taxes owed by a decedent's estate may take priority over other claims and expenses, especially when the estate is insolvent. Understanding how and when to pay an estate's taxes in relation to the estate's other obligations is critical.

Son entitled to compensation for acting as trustee and administering his deceased father’s trust

August
2018
Illinois Law Update
, Page 16
Plaintiffs (beneficiaries of a trust) filed suit alleging breach-of-trust agreement and challenging defendant trustee's payment of compensation to himself for administering the trust.

Estate Planning for Cryptocurrency

By Michael Alan Goldberg
February
2018
Article
, Page 38
Bitcoin's wild fluctuation in value has put cryptocurrency in the news. Whether or not digital currency becomes the exchange medium of the future, estate planners need to consider the special issues it raises.

Acknowledged Estate Planning Documents Are Self-Authenticating Evidence

By David M. Madden
November
2017
Article
, Page 44
Having a document acknowledged by a notary when it's executed can overcome a challenge to its authenticity at trial and ensure it will be admissible into evidence.

From the Newsletters - 10 tips from a veteran estate-planning lawyer

November
2017
Article
, Page 36
Why should you advise your clients to sign testamentary documents in blue ink? And should they leave a dollar to that disinherited heir? Read on and find out.

From the Newsletters - 5 estate planning steps for divorcing clients.

October
2017
Article
, Page 38
Divorcing clients should change beneficiary designations and take other steps to make sure their soon-to-be ex doesn't reap an unintended windfall if they die before the divorce is final.

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