Message From the ChairBy Oana L. MilitaruTrusts and Estates, July 2026A note from the Chair of the Trusts and Estate Section Council, discussing the upcoming bar year.
Is Probate Ever “Desirable”? Practical Takeaways From the April Meeting of the ISBA Subcommittee on Lawyers New to Trusts & EstatesBy Emily R. VivianTrusts and Estates, June 2026A recap of the Zoom program, hosted by the ISBA Subcommittee on Lawyers New to Trusts and Estates, on April 23, 2026, exploring when probate may be a good idea. Featuring three panelists, this educational program contained a wealth of information, including discussion of standing, leverage, and insurability; Letters of Office; digital assets; and guardianship and planning alternatives.
Joint Tenancy Bank Accounts Inconsistent With Decedent’s Estate PlanBy Gary R. GehlbachTrusts and Estates, June 2026When advising clients on estate planning, it is important to consider the implications of the Joint Tenancy Act. A fairly frequent scenario is one in which the client’s estate plan (by will or trust or both) leaves the client’s estate to the client’s surviving spouse, and, if not survived by the spouse, to the client’s descendants per stirpes; however, when a client adds a child to personal property, such as a bank account, this could result in joint tenancy that undermines the client's intentions.
Love, Money, and the Family Business: Considerations to Prevent Private Disagreements From Becoming Public Legal BattlesBy Meghan E. TepasBusiness Advice and Financial Planning, June 2026Family wealth conflicts sit at the collision point of personal history and legal obligation. Understanding the duties that govern trustees, executors, directors, and officers; acknowledging the family dynamics that so often cause disputes; and designing plans that factor in reality can keep private tensions from boiling over in court.
Reverse Mortgages, Medicaid, and Help to Remain in Your HomeBy Leonard F. BergReal Estate Law, June 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
T&E Q&A Recap: Guardianship Basics and BeyondBy Melissa A. GrisoniTrusts and Estates, May 2026A summary of the "Basics and Beyond" Zoom Q&A session, held on March 26, 2026, discussing the fundamentals of guardianship, and providing a roadmap for practitioners to navigate the complexities of both guardian of the person and estate for minors and disabled adults.
Flinn Report Summary: December 5, 2025, Through January 30, 2026By Joseph P. O’KeefeTrusts and Estates, April 2026Highlights from the Flinn Report, including DCFS rulemakings, amendments concerning consumer legal funding loans, changes relating to unclaimed property, and more.
Love, Money, and the Family Business: Considerations To Prevent Private Disagreements From Becoming Public Legal BattlesBy Meghan E. TepasTrusts and Estates, April 2026Family wealth conflicts sit at the collision point of personal history and legal obligation. Understanding the duties that govern trustees, executors, directors, and officers; acknowledging the family dynamics that so often cause disputes; and designing plans that factor in reality can keep private tensions from boiling over in court.
Reverse Mortgages, Medicaid, and Help To Remain in Your HomeBy Leonard F. BergTrusts and Estates, March 2026An inquiry on the ISBA Central discussion group for Trusts and Estates asked whether a reverse mortgage would disqualify a person from receiving Medicaid benefits. The simple response is that Medicaid disqualification is not automatic; however, the larger issue is identifying resources to help a client to remain in their home.
T&E Q&A: The Basics and Beyond—Trust FundingBy Melissa A. GrisoniTrusts and Estates, March 2026A summary of the topics covered in the "T&E Q&A: The Basics and Beyond" meeting via Zoom on January 22, 2026, hosted by the ISBA Trusts & Estates Section Subcommittee on Lawyers Who are New to Trusts & Estates. Don't miss the next one!
Beyond the Trust: Leveraging Letters of IntentBy Lauren EvansTrusts and Estates, February 2026When creating or updating a trust, many individuals focus solely on the legal document itself. While the trust establishes the framework for asset management and distribution, it often leaves room for interpretation regarding the grantor’s personal wishes, preferences and instructions. This is where a Letter of Intent, also known as a Letter of Wishes or Letter of Instruction, becomes an invaluable companion to a trust.
David E. Hoy, 1948-2025Trusts and Estates, February 2026It is with profound sadness that we announce the passing of attorney David E. Hoy who passed, at age 77, on December 18, 2025.
Where’s Your Will? A Preventative Approach to the Epidemic of Lost WillsBy Melissa A. GrisoniTrusts and Estates, February 2026At a recent Trusts & Estates Section Council meeting, council members discussed the feasibility of a county will repositorywhere testators could file their original wills during their lifetime. While the administrative hurdles of such a system are significant and the idea was not widely embraced, the conversation highlighted a pervasive and growing problem in our practice: the lost original will.
2025 Annual Department of Justice ReportTrusts and Estates, January 2026The United States Department of Justice's 2025 Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse was recently released, summarizing activities during the prior fiscal year that were intended to promote elder justice through enforcement, raising public awareness, capacity building, victim support and recovery, and sharing data and research.
Case Law UpdateBy Meghan E. TepasTrusts and Estates, January 2026A summary and analysis of Estate of John Podmajersky, Jr., a 1st District of the Appellate Court unpublished decision.
Medicare Considerations for Senior Lawyers, RevisitedBy David ChroustTrusts and Estates, January 2026Learn more about your Medicare options, including the potential limitations on your ability to change between Original Medicare and a Medicare Advantage Plan, and then choose the best Medicare option for you by considering your personal preferences and circumstances.
Case Law UpdatesBy Michael L. EnglishTrusts and Estates, December 2025Summaries of cases that discuss mental capacity in modifying estate plans, quantum meruit awards, amendments to a trust shortly before death, undue influence, and removing trustees.
Flinn Report Summary: October 31, 2025, Through December 1, 2025By Joseph P. O’KeefeTrusts and Estates, December 2025A quick overview of regulatory decisions that may impact trust and estate practices, discussing the proposed rule to establish a scholarship program for early childhood directors and other educators; proposed amendment to rule to remove transcripts of state and federal tax returns as proof of residency; amendments to require renewal and licensing fees for collection agencies; and more.
Spotlight on Trusts & Estates Section Council Member Emily R. VivianBy Hayden R. EarlTrusts and Estates, December 2025The Trusts & Estates Section Council has members from throughout the State of Illinois with a variety of professional achievements, skills, and practices. In this newsletter, we continue a prior series of “spotlight” articles that highlights the backgrounds, interests, and experiences of members of the Trusts & Estates Section Council, in order to get to know more about them.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaTrusts and Estates, November 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
Elder Law Case Summaries: April 1, 2025, through June 30, 2025By John W. FoltzTrusts and Estates, September 2025Summarise of case decisions that will impact elder law practitioners, particularly in the areas of guardianship; wills, trusts and estates; social security disability; pensions; and discriminatory firing practices.
One Big Beautiful Bill Act: Considerations for Charitable PlanningBy Philip M. PurcellTrusts and Estates, September 2025A look at provisions of the One Big Beautiful Bill Act (OBBBA) and how this Act impacts income tax, estate tax, and other miscellaneous changes.
Rural Practice Fellowship ProgramTrusts and Estates, September 2025Find out more about the 2026-2027 Rural Practice Fellowship Program. Applications will close on September 19, 2025.
Spotlight on Trusts & Estates Section Council Member Matthew HessBy Mia O. HernandezTrusts and Estates, September 2025The Trusts & Estates Section Council has members from throughout the State of Illinois with a variety of professional achievements, skills, and practices. In this newsletter, we continue a prior series of “spotlight” articles that highlights the backgrounds, interests, and experiences of members of the Trusts & Estates Section Council, in order to get to know more about them.
One Big Beautiful Bill ActBy Aaron D. EvansTrusts and Estates, August 2025This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations.
