Section Newsletter Articles on Trusts and Estates

Pour me another trust By Heather McPherson Elder Law, November 2013 Decanting is a great tool for practitioners to use in one’s estate, trust, and elder law practice, because it allows trusts that could otherwise not be changed to be rewritten to adjust to changed circumstances, as well as for corrections to trusts that were poorly drafted.
Practice Tip—Dealing with beneficiary election in your trusts By Paul A. Meints and Darrell Dies Trusts and Estates, November 2013 Some helpful language that an estate planner might utilize in the client’s inter vivos trust instrument to attempt to deal with the doctrine of election.
Conveying farmland subject to CRP contracts By Gary R. Gehlbach Trusts and Estates, September 2013 Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
DiMatteo case clarifies requirements for pleading a cause of action for will contest/tortious interference with testamentary expectancy By Edward J. Jarot Trusts and Estates, September 2013 The recent decision in In re Estate of Richard DiMatteo has clarified the requirements to successfully plead a cause of action for invalidating a last will and testament.
Essential estate planning for business owners By Michael C. Foltz Business Advice and Financial Planning, September 2013 The conventional estate plan addresses the disposition of assets and mitigation of taxes, while business owners require estate planning and business succession documents that compliment one another.
Luccio, Intentional Interference w/ an Expectancy & the six-month non-claim statute By William R. Kuehn and Natalie M. Kuehn Trusts and Estates, September 2013 Where a trust contest under 8-1(f) is unavailable to a potential plaintiff because of the plaintiff’s lack of awareness, the plaintiff may proceed with an intentional interference claim after the six-month limitation period has run. How much awareness or lack thereof will courts require to determine whether a party is getting a second bite at the apple?
Practice tip—How to plan for digital assets By Frank M. Greenfield Trusts and Estates, August 2013 Financial and personal data stored online has value and should be included as a component of the estate planning process.
What is remarkable for estate planners about the Windsor Supreme Court decision? By Richard A. Sugar Trusts and Estates, August 2013 In a momentous decision issued on June 26, 2013, the United States Supreme Court in U.S. v. Windsor issued its first substantive decision on the controversial subject of same-sex marriage.
Captive insurance companies—A reassuring way to self-insure By Jesse T. Coyle Trusts and Estates, July 2013 The author, who recently helped to pass North Carolina's Captive Insurance Company law, discusses this unique estate planning vehicle.
An introduction to probate estates By Priscilla Singer Young Lawyers Division, June 2013 A primer for those who have yet to open a probate estate.
Suggestions to handle probate estate attorney fee issues By Thomas Bransfield Trusts and Estates, June 2013 A follow-up to the author's May 2012 article that examined ISBA Advisory Opinion No. 13-01.
Prudent investor rule chiseled away in Carter v. Carter By Robert S. Held Trusts and Estates, May 2013 Practitioners, mindful of the Carter opinion, must now consider amending existing trust documents or advising their current clients of the altered landscape affecting the duties of a trustee.
Reflections on the Illinois decanting and directed trusts statutes By Timothy S. Midura Trusts and Estates, May 2013 Having studied the Illinois directed trusts statute and the decanting statute and then working with them practically, the author now makes some reflections and offers some tips.
When to file a probate claim By Philip E. Koenig Trusts and Estates, May 2013 In Water Tower Nursing v. Estate of Weil, the First District Court of Appeals affirmed that merely mailing a copy of a claim to the court or the representative of an estate does not necessarily constitute timely filing.
Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber and J. Amber Drew Young Lawyers Division, April 2013 A will should include a paragraph that allows the Executor to set up Supplemental Needs Trusts, if, at the time of the death of the testator, any beneficiaries qualify under the Social Security Administration’s definition of “disabled.”
It is 10:00 p.m., do you know who are your kids? By Edward R. Sherman Trusts and Estates, April 2013 While the case of DeHart v. DeHart involved numerous will contest issues, two issues were addressed that will have a profound effect on estate planning and estate litigation.
Tips from Heckerling 2013 and beyond By Dennis J. Jacknewitz Trusts and Estates, March 2013 The author shares what he learned from Heckerling and in the months since the conference in light of the new American Taxpayer Relief Act of 2012.
The Doctrine of Necessaries—Coming to a state near you? By Paul A. Meints Trusts and Estates, February 2013 In Emerson Village, LLC. v. Jode, a Massachusetts trial court recently ruled that a wife is legally responsible for the cost of her husband’s nursing home care under the doctrine of necessaries.
The evolving law surrounding quantum meruit claims against decedents’ estates By David M. Lutrey and Jeff O’Kelley Trusts and Estates, January 2013 It’s a common scenario. Someone dies leaving a substantial estate. A claimant surfaces alleging that he performed services for the decedent. How does the claimant prove his claim?
Thoughts regarding In re estate of Donna Lynn Denton, 2012 IL App (2d) 110814 By Darrell Dies Trusts and Estates, January 2013 Until the legislature amends Sections 18-10 and 18-13 of the Probate Act to include claims in guardianship estates, a guardianship attorney may want to record a memorandum of judgment of any allowances awarded by the probate court in order to secure the claims against real estate.
Case study: Tips on closing a probate estate after 14 months By Richard P. Miller Trusts and Estates, December 2012 This article discusses the problems that can result from closing an estate beyond the 14-month period.
Predictions regarding the estate tax in 2013—Anyone? By Darrell Dies Trusts and Estates, December 2012 As we all know, the 11th hour is approaching regarding estate and gift tax law and as of this writing, Congress has not yet enacted legislation to provide us with any certainty.
How to conduct an Illinois will execution By Gerry W. Beyer and Eugene M. Kozob Trusts and Estates, October 2012 An unprofessional or unsupervised will execution ceremony may provide the necessary ammunition for a will contestant successfully to challenge a will.
Advance medical directive forms By Lin Hanson Trusts and Estates, September 2012 Some resources regarding end-of-life issues and advance medical directive forms.
Practice tip By Paul A. Meints Trusts and Estates, September 2012 Looking for a decedent's social security number? Try this...
Tax & estate planning issues for non-citizens By Michael R. Pieczonka and David A. Berek International and Immigration Law, August 2012 The first installment of material culled from the May 3, 2012 CLE presentation, "What if Your Client is Foreign-Born? Good Lawyering in the Global Legal Environment."
Proactive and crisis planning strategies under DRA and the SMART Act By Teresa Nuccio Trusts and Estates, July 2012 A highlight of the major changes under DRA and the SMART Act and will outline both proactive and crisis planning strategies that remain viable.
To list or not to list… By David C. Thies and Michael Shea Trusts and Estates, July 2012 Although an outside document may be incorporated by reference in a will, there are at least two potential drawbacks of choosing this approach.
Updating and cleaning out estate plan files By John Ahern Trusts and Estates, June 2012 Tips to provide you with a starting point when you need to "clean house."
Estate planning tips—From ethical wills to in terrorem clauses and beyond By Dennis J. Jacknewitz Trusts and Estates, May 2012 Practice tips for the estate planning practitioner.