Articles on Trusts & Estates

Estate Planning and Administration of Oil and Gas Interests: Part 2 By George C. Lackey Trusts and Estates, May 2022 Forms and templates of interest to trusts and estates practitioners dealing with oil and gas interests.
Will It Fly? By Alan E. E. Stumpf Trusts and Estates, May 2022 A brief overview of the new revenue "Green Book" for the 2023 fiscal year.
Cook County Update Trusts and Estates, April 2022 An update on when it is necessary to notify the State's Attorney's Office for Cook County probate matters.
Estate Planning and Administration of Oil and Gas Interests: Part 1 By George C. Lackey Trusts and Estates, April 2022 An overview of how oil and gas interests intersect with estate planning administration.
Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part II By Richard F. Bales Real Estate Law, April 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Recent Probate Decisions and Changes in the Law By Hon. Daniel B. Malone Trusts and Estates, April 2022 Summaries of recent probate decisions and probate law changes.
No Guide for the Perplexed By Sherwin D. Abrams Trusts and Estates, March 2022 A look at whether a mortgagee can foreclose if collection of the underlying debt from the debtor’s estate is barred.
Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part II By Richard F. Bales Trusts and Estates, March 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Flinn Report Summary – October 1, 2021 Through December 3, 2021 By Joseph P. O’Keefe Trusts and Estates, February 2022 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Homestead Rights and Divorce in Illinois By Russell Knight Trusts and Estates, January 2022 An overview of homestead rights, which are rarely invoked in the divorce process but can provide your clients with leverage they never knew they had.
Part II: Survey Says! Current State of Farm and Ranch Estate and Succession Planning for Attorneys By Cari Rincker Trusts and Estates, January 2022 The second installment in a two-part series of articles discussing farm and ranch estate and succession planning.
Remembering Paul Meints By Gary Gehlbach Trusts and Estates, January 2022 Our profession lost a stalwart member on December 6. Paul Meints epitomized what an attorney should be: homespun, caring, giving, a creative thinker, and grounded.
Thoughts on Total Return and Total Return Trusts By Joel Schoenmeyer Trusts and Estates, January 2022 Many estate planners now discuss with clients the option of structuring a trust for "total return."
Part I: Survey Says! Current State of Farm and Ranch Estate and Succession Planning for Attorneys By Cari Rincker Trusts and Estates, December 2021 When looking for farm and ranch estate and succession planning solutions with increasingly challenging farm family dynamics, it’s prudent to first look at the data.
Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner Real Estate Law, November 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.
Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner Trusts and Estates, October 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.
The Illinois Trust Code Trailer Bill Clean Ups and Tweaks By Michael J. Fleck Trusts and Estates, October 2021 An overview and brief summaries of the substantive changes to the Illinois Trust Code that will go into effect on Jan. 1, 2022.
Repose in Peace By David C. Thies, Daniel R. Thies, & Mia O. Hernandez Trusts and Estates, October 2021 The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.
Spotlight on Trusts & Estates Section Council Members: Nathan Beemster and Bryan J. Schrempf By Mia O. Hernandez Trusts and Estates, October 2021 A spotlight on two members of the Trusts & Estates Section Council.
Temporary Guardians Are Not Always Temporary By Robert S. Held Trusts and Estates, October 2021 Recently, guardianships and the probate courts that impose them have come under greater scrutiny.
Author’s Note By William A. Peithmann Trusts and Estates, September 2021 A note from William A. Peithman on his article from 1994, The Case for Amending the Attorney's Malpractice Law, which has been republished in this issue.
From the Archives: The Case for Amending the Attorney’s Malpractice Law By William A. Peithmann Trusts and Estates, September 2021 An article from the 1994 issue of the Trusts & Estates newsletter.
It’s Here: The Illinois Electronic Wills and Remote Witnesses Act By Patrick D. Owens Elder Law, September 2021 The Illinois Electronic Wills and Remote Witnesses Act passed both houses as SB0730 in May 2021 and signed into law on July 26, 2021.
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Elder Law, September 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Real Estate Law, September 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
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Drafting Trusts for Children After the SECURE Act By Robert J. Kolasa Trusts and Estates, August 2021 Clients now need to carefully weigh income taxes against asset protection concerns in structuring trusts holding retirement plan assets for children.
It’s Here: The Illinois Electronic Wills and Remote Witnesses Act By Patrick D. Owens Trusts and Estates, August 2021 The Illinois Electronic Wills and Remote Witnesses Act passed both houses as SB0730 in May 2021 and signed into law on July 26, 2021.
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Trusts and Estates, August 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
Planning for a Parent of a Minor Child Upon the Parent’s Disability By Leonard F. Berg Trusts and Estates, July 2021 Steps for estate planning practitioners to take if a client asks to plan for their possible incapacity while their children are still minors.
Selling Land Owned With No Survivorship: Bond in Lieu of Probate or Probate? By Ellen Beth Gill Elder Law, July 2021 Bond in lieu of probate can be a quick and easy method for transferring title to Illinois real estate from a deceased sole owner or a deceased tenant in common, but it is not always the best choice for your client.

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