Illinois Bar Journal

Articles on Estate Planning

This is Me Leaving You: Illinois Departs from the Federal Estate Tax Scheme

By Susan T. Bart
January
2004
Article
Page 20
A critical look at legislation "decoupling" Illinois' estate tax from the federal credit.

Estate Planning for Twenty-First Century Families

By Janet L. Grove
December
2003
Article
Page 631
In this age of blended families and test-tube babies, the familiar estate-planning boilerplate needs revision.

Illinois’ New Estate-Tax Law

By David A. Berek
September
2003
Article
Page 465
An overview of Illinois' newly "decoupled' estate-tax scheme.

Illinois says “no” to estate-tax elimination

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
The feds are phasing out the estate tax, but beginning this year cash-strapped Illinois will no longer cap its estate tax at the federal maximum.

Total Return Trusts Give Trustees Flexibility in Ever-changing Markets

By Louis S. Harrison, Erica E. Lord, & Senator Kirk W. Dillard
May
2003
Article
Page 240
This new law permits trustees to invest prudently while serving the needs of both remainder and income beneficiaries.

Pet trusts for trusty pets

By Helen W. Gunnarsson
March
2003
LawPulse
Page 110
Illinois may shortly join 16 other states that have passed laws authorizing the creation of trusts with pets as beneficiaries.

Pet project

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
More and more estate-planning clients want to make sure that Fluffy is well provided for. Here's how to help them.

Whither estate-planning practice?

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
Demographic trends and tax-law changes may generate some short-term business, but they'll mean less work for estate-planning lawyers in the long run. Are you ready to adjust your practice?

Probate Court Report #1: Protect children of divorce before probate

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Take steps during the divorce to protect ex-spouses/children after their ex-partner/parent's death, or they might get no higher priority in probate court than magazine subscriptions and utility bills.

Probate Court Report #2: Take care with heirship

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Do a little probate work? Then take heed: failing to properly prepare an affidavit of heirship can lead to embarrassment or worse if the will falls through.

All in the Family

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Perhaps your family-owned-business clients can take advantage of this special estate-tax exclusion.

The New Estate and Gift Tax Law: Estate-Planning Pointers

By Richard A. Campbell & Mary C. Talarico
February
2002
Article
Page 80
More than ever, estate planners need to provide as much flexibility as possible.

Estate and Gift Tax Changes: What’s New in the New Law?

By Richard A. Campbell & Mary C. Talarico
January
2002
Article
Page 24
Here's a summary of the changes wrought by the Economic Growth and Tax Relief Reconciliation Act.

Estate-Planning Internet Resources for Illinois Lawyers

By Adria P. Olmi
January
2002
Column
Page 49
Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.

Funding Living Trusts: An Overview

By Richard P. Miller
December
2001
Article
Page 628
Creating a living trust is easy; funding it is another story. Here's a primer.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
February
2001
Column
Page 56
When does may mean must? When it comes to appealing interlocutory orders

Court upholds decedent’s testamentary gift to dental school, which a university closed several months prior to testator’s death, because plain language of will revealed testator’s intent to provide university with a gift.

September
2000
Illinois Law Update
Page 500
On July 13, 2000, the Third District of the Appellate Court of Illinois affirmed the trial court's grant of summary judgment to Northwestern University ("university").

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

The Lawyer’s Journal

By Mark S. Mathewson
April
2000
Column
Page 192
What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.

Nice Guys Finish Last in Wills and Estate Planning

By Anne E. Thar
April
2000
Column
Page 235
Confused elderly parents, estranged (and strange) children; estate-planning practice can pose serious malpractice risks for the best of lawyers. Here's what to watch for.

Gifts and POAs: Authorizing an Agent to Give Your Money Away

By Wendy M. Goode
February
2000
Article
Page 100
A power of attorney without express language doesn’t allow for gifts, this author argues.

Making the Most of the New Illinois Perpetuities Statute

By Richard A. Campbell & Christopher D. Dwyer
November
1999
Article
Page 594
Illinois' recently enacted rule-against-perpetuities statute permits estate planners to create perpetual trusts, and that opens new estate-planning possibilities. The authors describe the options.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Probate and Estate Planning Update for General Practitioners

By Donald A. LoBue
October
1999
Column
Page 544
An overview of selected recent changes in estate planning law.

Creative and Strategic Estate Planning for Transfer of Qualified Retirement Assets

By Louis S. Harrison
September
1999
Article
Page 480
A review of some of the sophisticated strategies estate planners use to minimize taxes on the transfer at death of IRA and other tax-deferred assets.

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

Correspondence from Our Readers

May
1999
Column
Page 234
Single-subject rule: falling on the sword of Damocles?

Dynasty Trusts and the Rule Against Perpetuities

By Stephen M. Margolin & Mitchell D. Weinstein
March
1999
Article
Page 134
Dynasty trusts can be just the estate planning device your client needs, but take care not to run afoul of rule against perpetuities and the Internal Revenue Code.

Value-Based Estate Planning: Using Trusts to Promote and Reward Behavior

By Paul A. Meints
March
1999
Article
Page 138
Do your clients know they can use trusts to encourage good behavior by trust beneficiaries? This questionnaire can help you help them do value-based estate planning.

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