Section Newsletters

Articles on Trusts & Estates

Life Insurance Structured Properly Provides Asset Protection By Vasili Russis & Jonathan Kohl Trusts and Estates, October 2019 Illinois law provides for the protection of life insurance from various types of creditors, and proper planning for asset protection of life insurance will ensure benefits are provided for a family after a loved one's passing.
A Summary of the Trusts & Estates Section Council’s June 2019 Business Meeting By Jennifer Bunker Skerston Trusts and Estates, October 2019 A summary of the June 2019 Trusts & Estates Section's business meeting, including CLE, legislation, statutes of repose, and electronic wills.
‘When They Pry It From My Cold Dead Hand’—Transferring Firearms Following the Death or Disability of an Illinois Resident: Part 2 By Melissa A. Maye Trusts and Estates, October 2019 Every attorney who engages in estate planning and administration in Illinois has a responsibility to his or her clients to understand the federal, state, and local laws that apply to the transfer of firearms following the disability or death of an Illinois resident.
The Attorney’s Fiduciary Duties to Non-Client Trust Beneficiaries By Chuck Newland Trusts and Estates, September 2019 Although attorneys do not usually have fiduciary duties to a non-client, it is a mistake to assume they never do.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 2—Definitions, Trustee Notification Requirements, and Settlement Agreements By Michael J. Fleck Trusts and Estates, September 2019 The second article in a series of articles that break down the Illinois Trust Code.
Nichols v. Fahrenkamp By Sherwin D. Abrams Trusts and Estates, September 2019 The Illinois Supreme Court recently held that a person appointed as guardian ad litem pursuant to section 506 of the Illinois Marriage and Dissolution of Marriage Act has absolute immunity.
The Illinois Trust Code: What Is it and What Do I Need to Know? Part 1 – Introduction to the Code By Michael J. Fleck Trusts and Estates, August 2019 The first article in a series of practical articles that break down the recently enacted Illinois Trust Code.
Grantor Trust Administration in Illinois: A Primer (Part 2) By Colleen L. Sahlas Trusts and Estates, June 2019 The second part of a three-part series outlining the role and duties of the acting successor trustee in Illinois trust administration of a self-declaration of trust where the grantor/settlor has become disabled or is deceased.
Justice Hyman’s wish By Sherwin D. Abrams Trusts and Estates, June 2019 A summary of In re Estate of Mattson.
Who owns the decedent’s real estate? By Sherwin D. Abrams Real Estate Law, June 2019 A look at an often-misunderstood area of real estate and probate law.
A summary of the Trusts & Estates Section’s February 2019 business meeting By Jennifer Bunker Skerston Trusts and Estates, May 2019 A summary of the February 2019 Trusts & Estates Section's business meeting, including CLE, the Uniform Electronic Wills Act, legislation, and more.
Estate planning for the second marriage By Richard W. Kuhn Trusts and Estates, April 2019 The fifth and final installment in a series of articles on estate planning for the second marriage.
Flinn Report summary – January 4, 2019 through March 15, 2019 By Joseph P. O'Keefe Trusts and Estates, April 2019 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Who owns the decedent’s real estate? By Sherwin D. Abrams Trusts and Estates, April 2019 A look at an often-misunderstood area of real estate and probate law.
A summary of the Trusts & Estates Section’s December 2018 business meeting By Jennifer Bunker Skerston Trusts and Estates, March 2019 A summary of the December 2018 Trusts & Estates Section's business meeting, including CLE, legislation, case law, and technology updates.  
Disinheritance By Michael H. Erde Trusts and Estates, February 2019 Practical advice to disinherit someone in a will or trust.
Estate planning for the second marriage By Richard W. Kuhn Trusts and Estates, February 2019 The third installment in a series of articles on estate planning for the second marriage.
Flinn Report Summary – November 2, 2018 through December 28, 2018 By Joseph P. O'Keefe Trusts and Estates, February 2019 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Illinois ABLE accounts and supplemental needs trusts By Kevin O’Flaherty Trusts and Estates, February 2019 An overview of Illinois ABLE accounts and how they can be used in conjunction with supplemental needs trusts in order to allow individuals with disabilities to earn incomes, receive inheritances and gifts, and accumulate assets without jeopardizing their government benefits.
1 comment (Most recent February 14, 2019)
Estate planning for non-human animals by human animals part 2: Pet trusts and other drafting considerations By Timothy S. Midura Trusts and Estates, January 2019 An overview on drafting estate planning documents for animal interests (including pet trusts), income taxation of pet trusts, and conclusion commentary.
A summary of the Trusts & Estates Section’s November 2018 business meeting By Colleen L. Sahlas Trusts and Estates, January 2019 A summary of the November 2018 Trusts & Estates Section's business meeting, including CLE, legislation, case law, and technology updates.
Use it or lose it: The IRS proposed regulations will not clawback sunsetting exemption amounts By Lawrence J. Gregory Trusts and Estates, January 2019 The Tax Cuts and Jobs Act of 2017 has temporarily increased the federal estate and gift tax exemption from $5 to $10 million until the end of 2025.
Flinn Report summary – August 3, 2018 through October 26, 2018 By Joseph P. O'Keefe Trusts and Estates, December 2018 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
A summary of the Trusts & Estates Section’s September 2018 business meeting By Colleen L. Sahlas Trusts and Estates, December 2018 A summary of the September 2018 Trusts & Estates Section's business meeting, including CLE, legislation, and technology updates.
Consider the single fund QTIP trust for your clients By Alan E. Stumpf Trusts and Estates, November 2018 An example of a letter that provides a vehicle for presenting a draft of the single-fund qualified terminal interest property marital trust.
Flinn Report summary – May 4, 2018 through, July 27, 2018 By Joseph P. O'Keefe Trusts and Estates, November 2018 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
The best of all possible worlds or curb your enthusiasm?: Joint trust basis considerations for common law jurisdictions By Brian J. Cohan Trusts and Estates, October 2018 Since the passage of the Tax Reform Act of 1976, the default platform for estate planning for married couples has been the ubiquitous A/B trust arrangement.
Flinn Report summary – March 2, 2018 through April 27, 2018 By Joseph P. O'Keefe Trusts and Estates, October 2018 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Appellate court’s estate planning advice By Michael J. Maslanka Trusts and Estates, September 2018 In Johnson v. Filler, the appellate court held that constructive knowledge by an attorney of wrongful conduct is not sufficient to allege a claim of aiding and abetting.
Income tax consequences for probate estates when resolving claims for less than the full amount By Derek M. Johnson Trusts and Estates, September 2018 Work with your estate representative clients to create an income tax-driven game plan for eliminating estate debt. 

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