Illinois Bar Journal

Articles on Estate Planning

Illinois Supreme Court recognizes doctrine of equitable adoption

By Adam W. Lasker
May
2013
LawPulse
Page 222
If parents treat a child they have not legally adopted as their own, he can pursue an inheritance even in the absence of their express or implied contract to adopt him, the high court rules.

Legislature considering modifications to small-estate affidavits

By Adam W. Lasker
April
2013
LawPulse
Page 170
ISBA-proposed changes would make the small-estate affidavit a more effective and easier-to-use probate avoidance device, a key proponent says.

Estate Planning for Clients Who Don’t

By Regina Rathnau
March
2013
Article
Page 138
Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.

Real Estate and Avoiding Probate: The Case for Land Trusts

By David J. Lanciotti
February
2013
Article
Page 86
While both land trusts and transfer on death instruments allow residential real estate to transfer outside probate, the land trust has important advantages for some clients, this author argues.

Making Gifts Can Reduce Illinois Estate Taxes

By Robert J. Kolasa
December
2012
Article
Page 646
Recent Illinois legislation established higher estate tax exclusion amounts. Learn how clients can use gifts to substantially reduce Illinois estate taxes.

Illinois Estate and Generation-Skipping Transfer Tax return

November
2012
Illinois Law Update
Page 580
The Attorney General recently implemented revisions to the regulations governing estate tax treatment of civil unions. 86 Ill. Adm. Code 2000.

Paying for Long-Term Care in Illinois

By William Siebers & Zach Hesselbaum
October
2012
Article
Page 536
There are five ways to pay for long-term care in Illinois. This article discusses all five and brings you the latest on the ever-shifting Medicaid and Veterans' Administration rules.

New Medicaid law will limit estate-planning, other options

By Adam W. Lasker
September
2012
LawPulse
Page 458
The new Medicaid law means tighter regulations, higher costs, and reduced coverage for recipients, a family lawyer observes.

Dynasty Trusts for Everyone

By Mary D. Cascino
August
2012
Column
Page 440
Dynasty trusts give even those of ordinary means a way to minimize estate taxes prospectively.

Estate Planning for 2012: Looming Lower Gift Tax Exclusion Limits

By David A. Berek
February
2012
Column
Page 110
Encourage wealthy clients to give tax-avoiding gifts now.

New Long-Term Care Medicaid Rules Finally Come to Illinois

By Diana Law & William Siebers
January
2012
Article
Page 30
Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.

The Transfer on Death Instrument Comes to Illinois

By Charles G. Brown
December
2011
Article
Page 618
Effective January 1, Illinois law gives your clients a convenient way to transfer residential real estate outside of probate. Here's a review of the new law by one of its drafters.

Attention estate planners: new Medicaid asset transfer rules finally adopted

By Helen W. Gunnarsson
November
2011
LawPulse
Page 550
New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.

Looking at 2011 and Beyond

By Mary Cascino & Katarinna McBride
November
2011
Column
Page 584
A late-2011 look how recent rulings should influence your estate-planning advice.

Illinois Estate Planning in Uncertain Times

By Steven E. Siebers
September
2011
Article
Page 448
What happens if the federal estate tax exclusion goes back to $1 million? What are the implications of decoupling the Illinois from the federal tax? A look at these and other questions.

Planning for a Civil Life

By Katarinna McBride
August
2011
Column
Page 421
Illinois' civil union law presents opportunities and challenges to those who advise same-sex couples.

B-DIT, B-DIT: Tax Planning More Thrilling than Michael Jackson

By Katarinna McBride
May
2011
Column
Page 262
Here's a new asset-protection strategy so cool you can dance to it.

Life Insurance Proceeds Are Exempt From Creditors - Or Are They?

By Thomas A. Pasquesi & Thomas M. Badenhausen
May
2011
Article
Page 254
The law exempts life insurance policy proceeds from the claims of a decedent-insured's creditors. But exceptions give creditors an opportunity to recover.

Mind the gap: Illinois taxes estates over $2 million

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66

Plan for administering your digital estate

By Helen W. Gunnarsson
February
2011
LawPulse
Page 66

A Sigh of Tax Relief

By Katarinna McBride
February
2011
Column
Page 100
There's a lot for estate planners to like about the new federal tax law.

Estate-planning, other implications of the civil union law

By Helen W. Gunnarsson
January
2011
LawPulse
Page 10

Back to the Future: Estate Planning for 2010 and Beyond

By Katarinna McBride
November
2010
Column
Page 590
Estate planners look for ways to use this year's expiration of the estate tax to clients' advantage.

Clearer Guidance for Estate Planning Lawyers

By Katarinna McBride & Graham B. Schmidt
August
2010
Column
Page 433
What about clients with diminished capacity? Confidentiality and prospective clients? Here's a look.

The Anna Nicole Smith Case: an Opera in Five Acts

By Katarinna McBride
May
2010
Column
Page 266
Is the battle over Anna Nicole Smith's husband's estate finally over?

Compensation for Family Caregivers

By Margot Gordon
May
2010
Article
Page 256
Custodial claims enable family members who cared for a now-deceased relative to be compensated for their years of unpaid or underpaid caregiving. Here's how it works.

The Estate Tax- dumped on New year’s Eve

By Katarinna McBride
February
2010
Column
Page 104
Congress defied the conventional wisdom and let the estate tax die. What will replace it?

The Illinois QTIP Election to the Rescue

By Robert J. Kolasa
December
2009
Article
Page 612
Big news for estate planners - the new Illinois QTIP lets clients use the full federal exclusion without Illinois estate tax consequences.

Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study

By Stephen M. Margolin & Valerie J. Freireich
November
2009
Article
Page 568
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

Stranger-Owned Life Insurance: The Risks and How to minimize them

By James C. Shanley
November
2009
Article
Page 569
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

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