Illinois Bar Journal


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Articles on Trusts

Helping Parents Plan for Children with Special Needs By Kerry R. Peck and D. Rebecca Mitchell February 2007 Article, Page 82 Drafting tips to help lawyers help parents plan, financially and otherwise, for special-needs children.
Living-trust scams: all too alive and well in Illinois By Helen W. Gunnarsson December 2006 LawPulse, Page 642 Meanwhile, a recent Indiana Supreme Court opinion unambiguously declares that drafting a testamentary trust is the practice of law.
State can’t dun surviving spouse’s estate for nursing home bill By Helen W. Gunnarsson August 2006 LawPulse, Page 398 The Illinois Supreme Court ruled that the state can't seek reimbursement for long-term care from a surviving spouse's estate, making the revocable living trust an even more attractive estate-planning tool. 
A trustee must serve the interest of the beneficiaries with total loyalty November 2005 Illinois Law Update, Page 564 On August 31, 2005, the Illinois Appellate Court, Third District, reversed and remanded the decision of the Circuit Court of Rock Island County granting summary judgment for defendant trustees. 
Trust agreement provisions take precedence over the Principal and Income Act August 2005 Illinois Law Update, Page 390 On April 25, 2005, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting the petitioner's motion for summary judgment and denying the respondents' motion for summary judgment.
Trust transparency By Helen W. Gunnarsson June 2005 LawPulse, Page 274 Members of an ISBA e-mail discussion group agree that despite a trustee's reluctance, beneficiaries are entitled to see trust instruments that confer benefits upon them.
A Trust Counsel’s Duty to Beneficiaries By Robert S. Held December 2004 Article, Page 636 Although the law is unsettled, attorneys for trusts may owe a fiduciary duty to trust beneficiaries.
Trustees dissatisfied with a judgment are free to appeal, but do so at their own risk and cost October 2004 Illinois Law Update, Page 514 On July 12, 2004, the Illinois Fourth District Appellate Court affirmed that part of the Circuit Court of McLean County's judgment that refused to award attorney's fees incurred by a trustee on appeal.
Posthumous pet protection provisions By Helen W. Gunnarsson August 2004 LawPulse, Page 390 A new statute validates trusts for the benefit of pets, but what provisions should pet trusts include? Here are suggestions.
Trusts for Domestic Animals are Valid; P.A. 93-0668 June 2004 Illinois Law Update, Page 292 Effective January 1, 2005, the Illinois Trust and Trustees Act will acknowledge the validity of a trust for the care of one or more designated domestic or pet animals.
Total Return Trusts Give Trustees Flexibility in Ever-changing Markets By Louis S. Harrison, Erica E. Lord, and 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.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Wife’s petition for injunctive relief, compelling husband to reinstate her name as beneficiary of trust and prevent further transfer of marital property, failed to state cause of action March 2003 Illinois Law Update, Page 116 On November 27, 2002, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County granting the husband's motion to dismiss the wife's petition for injunctive relief for failure to state a cause of action.
New law will help trustees avoid Hobson’s Choice By Helen W. Gunnarsson September 2002 LawPulse, Page 448 SB 1697, now awaiting Gov. Ryan's signature, will make it easier for trustees of certain commonly used trusts to invest the principal so as to benefit both income and remainder beneficiaries.
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 McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
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 and 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.
The Lawyer’s Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...