Section Newsletters

Articles on Trusts and Estates

Recent Illinois decisions By Mark E. Zumdahl Trusts and Estates, May 2003 The case of The Estate of William Henry v. St. Peter's Evangelical Church, 271 Ill. Dec. 855, decided by the Third Appellate District, is a case of first impression interpreting §15(b) of the Principal and Income Act. 760 ILCS 15/15.
Seventh Circuit holds beneficiary designation of group term life insurance controls over marital settlement agreement By Philip E. Koenig Trusts and Estates, May 2003 On April 8, 2003, the Seventh Circuit Court of Appeals, in the case of Melton v. Melton, held that the provisions of a beneficiary designation form control over conflicting provisions of a marital settlement agreement in determining the beneficiary of group term life insurance benefits.
Trustee, or not trustee? Aye, there’s the rub By Dennis A. Norden Trusts and Estates, May 2003 With all due apologies to Mr. Shakespeare, his executors or successor trustee, as the case may be, the purpose of this not-so-scholarly article is to address one of the most confounding dilemmas facing estate planning attorneys today--selection of a trustee.
Notice of appointment of counsel By William A. Peithmann & Thomas G. Hattery Trusts and Estates, March 2003 Given the increasing awareness of privacy rights, more and more financial service firms and other providers are reluctant to discuss a client's affairs with counsel.
OBRA 93 pay back trusts By Michael C. Wiedel Trusts and Estates, March 2003 The Fall 2002 Law Ed Presentation of the Trusts and Estates Section contained a segment on Special Needs Trusts and other devices that allow a needs-based recipient of Medicaid, SSI and other programs to receive the aid and still have the benefits of the provisions of these arrangements.
Personal real estate and its uses in saving taxes By Robert Weber Trusts and Estates, March 2003 Which asset is usually the single highest valued asset in a person's estate? Real estate; that is, the taxpayer's residence
Practice tips By Paul A. Meints Trusts and Estates, March 2003 The U.S. Department of Health and Human Services, through its Lawyer Education Project of the Division of Transplantation, is asking bar association leaders to inform members of the need for organ donations and tissue transplants.
Protecting charitable gifts—A provision By Joseph Schuman Trusts and Estates, March 2003 The U.S. Department of Health and Human Services, through its Lawyer Education Project of the Division of Transplantation, is asking bar association leaders to inform members of the need for organ donations and tissue transplants.
Recent decisions By James K. Say Trusts and Estates, March 2003 Recent cases of interest to practitioners.
Practical checklist for the estate planning practitioner By Deborah B. Cole Young Lawyers Division, February 2003 Errors in estate planning are one of the most common types of legal malpractice.
FDIC insurance coverage for estates and revocable trusts By Mike Drone Agricultural Law, January 2003 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust, it is important to understand how FDIC insurance applies to estate or trust bank deposits
Drafting ideas for pet care By Paul A. Meints Family Law, November 2002 To many of your clients, pets are an important part of life. The level of emotional involvement (generally directly proportional to the amount of money the client is willing to spend on the pet's care) tends to vary from client to client.
Where section 3-1 is applicable to one decedent, courts must apply that section to the estate of all individuals determined to have died simultaneously By Nigel Smith Trusts and Estates, November 2002 As we face uncertain times during which the unwelcome subject of death may invade our collective thoughts more frequently, the question of how courts distribute the property of decedents who die simultaneously may also arise.
Drafting ideas for pet care By Paul A. Meints Traffic Laws and Courts, September 2002 To many of your clients, pets are an important part of life.
Current developments in income taxation of trusts and estates By Mike Drone Agricultural Law, July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) brought major tax relief for individuals both in the income and estate tax areas.
Internal Revenue Service adopts final minimum distribution regulations By Philip E. Koenig Trusts and Estates, June 2002 On April 17, 2002, the Internal Revenue Service adopted final regulations relating to minimum distributions from qualified retirement accounts and IRA accounts.
From the editors Trusts and Estates, June 2001 We begin with a feature article from Jay Goldenberg on various uses of the irrevocable insurance trust.
Recent decisions Trusts and Estates, June 2001 Estate of Floy M. Christensen, Deceased, Carl Stewart Christensen, Personal Representative v. Commissioner of Internal Revenue, T.C. Memo 2000-368, December 6, 2000.
From the editors Trusts and Estates, February 2001 This issue includes a couple of thought provoking articles.
Estate tax repeal? Reform? Increase? By Paul A. Meints Trusts and Estates, November 2000 The debate over repealing the federal estate and gift tax laws is not a new one. For years each and every legislative session has had one or more proposals to eliminate the tax.
Report from the Task Force on the Unauthorized Practice of Law Trusts and Estates, November 2000 A subcommittee of the Task Force on the Unauthorized Practice of Law has been established to review information provided to the task force about possible situations involving the unauthorized practice of law regarding estate and trust work.
Crop share rental arrangements and sample lease By Paul A. Meints Trusts and Estates, May 2000 The following Crop Share Lease with provisions for cattle has its origin in the Cooperative Extension's form that was developed many years ago, being updated for items and farming practices that have changed in the interim and which, in it's author's opinion, are outdated or missing in the older format.
The Florida Intangible Tax By Paul A. Meints Trusts and Estates, May 2000 Nearly every estate planning attorney in Illinois has had a client or two that has moved to a warmer climate.
For what it’s worth By Paul A. Meints Trusts and Estates, February 2000 This newsletter summarizes some of the more important developments that took place in 1999 and offers some thoughts on what they may mean to you and to your practice.
For what it’s worth By Paul A. Meints Trusts and Estates, November 1999 New legislation.
Mistakes of practitioners in estate planning By Richard P. Miller Trusts and Estates, September 1999 A. The description of a specific bequest must be clear as to what property and to whom it should be distributed.
Beyond the legalities By Thorpe Facer Trusts and Estates, May 1999 The membership of the Trusts and Estates Section of the ISBA is the second largest of any section.
Donating bodies to science By Deanne Morgan, J.D. Trusts and Estates, May 1999 On occasions, a client may express a desire to donate his or her body to science.
Living trusts as a means to save estate taxes and avoid probate By Eric D. Anderson & Steven W. Rausch Young Lawyers Division, March 1999 This article is meant to familiarize practitioners with the use of living trusts as a means to save estate taxes and avoid probate.
Estate planning for retirement benefits (with Resource List) By Robert H. Louis General Practice, Solo, and Small Firm, January 1999 In the 20-plus years since the enactment of the Employee Retirement Income Security Act, 29 U.S.C. §1001 et seq. ("ERISA"), the level of assets in pension and profit-sharing plans and individual retirement accounts has risen steadily.

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