Estate Planning for AnimalsBy Timothy S. MiduraElder Law, July 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Estate Planning for AnimalsBy Timothy S. MiduraTrusts and Estates, June 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Is There a Duty to Assess a Client’s Capacity to Execute Estate Planning Documents?By Gary R. GehlbachElder Law, June 2025To what extent, if at all, does an attorney have a duty to determine if a client has sufficient capacity to execute a last will and testament or other estate planning documents? Noting “that there is no Illinois law directly on the subject,” a recent First District Illinois Appellate Court decision characterizing this issue as a “case of first impression,” rejected plaintiff’s argument that “an affirmative duty [exists] to determine a client’s competence.” However, if the attorney is put on notice of a client’s disability, the attorney is “obligated to determine the extent of that disability with respect to [the client’s] capacity to alter her estate plan.”
Estate Planning for AnimalsBy Timothy S. MiduraAnimal Law, May 2025This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.
Is There a Duty to Assess a Client’s Capacity to Execute Estate Planning Documents?By Gary R. GehlbachTrusts and Estates, May 2025To what extent, if at all, does an attorney have a duty to determine if a client has sufficient capacity to execute a last will and testament or other estate planning documents? Noting “that there is no Illinois law directly on the subject,” a recent First District Illinois Appellate Court decision characterizing this issue as a “case of first impression,” rejected plaintiff’s argument that “an affirmative duty [exists] to determine a client’s competence.” However, if the attorney is put on notice of a client’s disability, the attorney is “obligated to determine the extent of that disability with respect to [the client’s] capacity to alter her estate plan.”
Estate Planning for Frequent Flier MilesBy Robert L. SchurTrusts and Estates, March 2020Planning for disposition of airline miles at death represents a new, largely untapped opportunity for estate planning attorneys to be relevant to clients without estate tax issues.
The SECURE Act poised to eliminate common estate planning techniqueBy Lawrence J. GregoryTrusts and Estates, July 2019The SECURE Act will make it easier for individuals to save for retirement, however, it restricts a popular estate planning technique commonly used to preserve and grow qualified assets for future generations.
Estate and income planning tips and checklistsBy Dennis J. JacknewitzTrusts and Estates, April 2019Practical information and tips to assist attorneys at the beginning of the estate planning process.
Estate and income planning tips and checklistsBy Dennis J. JacknewitzBusiness Advice and Financial Planning, March 2019Practical information and tips to assist attorneys at the beginning of the estate planning process.
Estate planning for the second marriageBy Richard W. KuhnTrusts and Estates, March 2019The fourth installment in a series of articles on estate planning for the second marriage.
Estate planning for the second marriageBy Richard W. KuhnTrusts and Estates, January 2019The second installment in a series of articles on estate planning for the second marriage.
Estate planning for the second marriageBy Richard W. KuhnTrusts and Estates, December 2018The is the first in a series of articles on estate planning for the second marriage.
New developments in estate planning, elder law, and Medicaid civil rightsBy Zisl EdelsonTrusts and Estates, June 2018Estate planning attorneys comfortable with federal litigation have a unique opportunity to help make things right for the elderly and disabled in Illinois through civil rights actions under the Federal Medicaid Act.
Routine estate planning questions from married homeownersBy Ian HolzhauerTrusts and Estates, June 2018Routine estate planning questions from married homeowners regarding mortgage acceleration clauses and titling of property in trust in tenancy by the entirety.
The Vital Records Act amendmentBy Michael J. MaslankaTrusts and Estates, April 2018The Vital Records Act was amended as of January 1, 2018.
Who gets the painting on the living room wall?By Cary A. LindBusiness Advice and Financial Planning, October 2017Distributing tangible property can be one of the most trying tasks that a fiduciary has, whether the distribution is through a Probate estate or through a trust.
20 estate planning tipsBy Michael H. ErdeTrusts and Estates, September 2017Practical tips drawn from 48 years of practice, compiled by author Michael Erde.
Who gets the painting on the living room wall?By Cary A. LindTrusts and Estates, September 2017Distributing tangible property can be one of the most trying tasks that a fiduciary has, whether the distribution is through a Probate estate or through a trust.
Who gets the painting on the living room wall?By Cary A. LindElder Law, September 2017Distributing tangible property can be one of the most trying tasks that a fiduciary has, whether the distribution is through a Probate estate or through a trust.
Estate planning issues for divorced womenBy Sonia D. ColemanWomen and the Law, February 2017Even in circumstances where it is clear that divorce is the best option, it is still challenging emotionally, spiritually and financially. It is imperative for women, particularly women with assets, to seek the advice of experienced professionals for guidance through this life-changing experience.
The Howell decision and the future of estate planning for adult disabled clientsBy Sarah LeRoseTrusts and Estates, October 2015In light of Estate of Howell v. Howell, an estate guardian of a disabled adult may propose an estate plan which deviates from intestacy, provided the guardian believes that the proposed plan is in keeping with the ward’s wishes.
Ehics corner: Estate planning attorneys should not ignore their own mortalityBy Michael J. DrabantTrusts and Estates, September 2015Illinois Supreme Court Rule 756 now requires that in each lawyer’s annual registration, he or she must disclose whether there is a written succession plan in place for their firm.
