Section Newsletters

Articles on Trusts & Estates

What Is a Trust? Part 2: Does It Matter? By Sherwin D. Abrams Trusts and Estates, February 2023 Is a trust a relationship or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What’s the Deal With Electronic Notaries in Illinois? By Ray Prather Trusts and Estates, February 2023 An update on Public Act 102-0160, which amends the Illinois Notary Public Act.
New Charitable Planning Opportunities With Retirement Plans By Philip M. Purcell, J.D. Trusts and Estates, January 2023 The new Secure Act 2.0 addresses many issues related to retirement planning, including two important charitable planning opportunities.
A Summary of the Trusts & Estates Section Council’s September 9, 2022 Business Meeting By Jennifer Bunker Skerston Trusts and Estates, January 2023 A summary of the September 9, 2022, ISBA Trusts & Estate Section Council meeting.
What Is a Trust? Part 1: Is a Trust an Entity? By Sherwin D. Abrams Trusts and Estates, January 2023 Is a trust a relationship, or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
1 comment (Most recent January 18, 2023)
Trusts & Estates Section Council Member Judge Elizabeth Rochford Wins Illinois Supreme Court Seat By Mia O. Hernandez, Jennifer B. Skerston, Patrick D. Owens, Kathryn S. Van Eeuwen, & Colleen L. Sahlas Trusts and Estates, December 2022 Judge Elizabeth Rochford was sworn in to the Illinois Supreme Court on December 5, 2022.
CFPB Issues Guidance on Nursing Home Debt By Zisl Edelson, J.D., MBA Trusts and Estates, October 2022 Recently, the Consumer Financial Protection Bureau issued a policy statement clarifying the interplay between the Federal Nursing Home Reform Home Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act with respect to nursing home contracts and debt collection practices for unpaid nursing home bills.
Cook County Probate Court News By Colleen L. Sahlas Trusts and Estates, October 2022 Updates from the Cook County Probate Court.
Find My ICash: How to Collect Unclaimed Property in Illinois By Marcos Resendiz Trusts and Estates, October 2022 An overview of what unclaimed property is and how to claim it in Illinois.
Spotlight on Trusts & Estates Section Council Member Charles G. Brown By Mia O. Hernandez Trusts and Estates, September 2022 A spotlight on a member of the Trusts & Estates Section Council.
Trust Administration Checklist By Amy Delaney & Ben Neiburger Trusts and Estates, September 2022 A trust administration checklist.
1 comment (Most recent August 5, 2023)
ABLE Accounts: A Primer for Illinois Lawyers—Part 3 By Leonard F. Berg Trusts and Estates, August 2022 The third and final article in a series of articles about ABLE accounts.
Material Defects By Michael J. Rooney Trusts and Estates, August 2022 Revisions to the Residential Real Property Disclosure Act.
Strategies for Retaining Trust and Estate Planning Privacy Under the New Illinois Trust Code By Richard W. Kuhn & McKenzie L. Kuhn Trusts and Estates, August 2022 The Illinois Trust Code shifts the responsibility of privacy onto the estate planning attorney.
ABLE Accounts: A Primer for Illinois Lawyers—Part 2 By Leonard F. Berg Trusts and Estates, July 2022 It is important for Illinois attorneys to know the basics of ABLE accounts and how their capability can be enhanced with special needs trusts.
Using Existing Life Insurance to Finance Medicaid Eligible Prepaid Burial Plans Should Soon Be Possible By Leonard F. Berg Trusts and Estates, July 2022 Illinois residents should soon have additional options to pay for their burial if they apply for Medicaid.
Using Existing Life Insurance to Finance Medicaid Eligible Prepaid Burial Plans Should Soon Be Possible By Leonard F. Berg Elder Law, July 2022 Illinois residents should soon have additional options to pay for their burial if they apply for Medicaid.
ABLE Accounts: A Primer for Illinois Lawyers—Part 1 By Leonard F. Berg Trusts and Estates, June 2022 It is important for Illinois attorneys to know the basics of ABLE accounts and how their capability can be enhanced with special needs trusts.
Illinois Property Tax Code Amendments to the General Homestead Exemption and Homestead Exemptions for Seniors, Veterans, and People With Disabilities Have Been Enacted By Mia O. Hernandez Trusts and Estates, June 2022 An overview of Public Act 102-895, which Governor Pritzker signed into law on May 23, 2022.
Legislative Update By Jim Covington Trusts and Estates, June 2022 Public Act 102-1037 was signed into law on May 27, 2022. It starts the process of aligning Illinois law with the maximum federal allowance for a community spouse. 
Selling Residential Real Property? Attention! New Law Ahead! 765 ILCS 77/1 et seq. The Illinois Residential Real Property Disclosure Act By Colleen L. Sahlas Trusts and Estates, June 2022 Real estate practitioners handling residential real estate transactions may already be aware that the Residential Real Property Disclosure Act was amended and the new law took effect on May 13, 2022. The new disclosure form must be used immediately.
1 comment (Most recent June 8, 2022)
Selling Residential Real Property? Attention! New Law Ahead! 765 ILCS 77/1 et seq. The Illinois Residential Real Property Disclosure Act By Colleen L. Sahlas Real Estate Law, June 2022 Real estate practitioners handling residential real estate transactions may already be aware that the Residential Real Property Disclosure Act was amended and the new law took effect on May 13, 2022. The new disclosure form must be used immediately.
Thank You to Our Authors By Jennifer Bunker Skerston Trusts and Estates, June 2022 A thank you to the authors who contributed articles to the Trusts & Estates newsletter during the past year.
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. 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.

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