Subject Index Estate Planning

On Dec. 18, 2024, the First District of the Illinois Appellate Court held that when an attorney is on notice of a client’s disability or mental impairment, the attorney must take appropriate measures to ensure the client’s mental capacity to modify their estate plan.

Illinois requirements for the Form 700 estate tax returns needed for qualified terminable interest property (QTIP) have been updated. Estates claiming a QTIP election must report the total value of property on the estate tax return and produce a detailed schedule of all property and assets subject to the QTIP election.

On June 30, 2023, the First District of the Illinois Appellate Court held that an irrevocable trust may be modified if the changes are consistent with the trust’s material purpose.

On Oct. 20, 2020, the First District of the Illinois Appellate Court held that settlement agreements for trusts must be signed by a trustee to be enforceable because the trustee is a necessary party.

On Aug. 31, 2020, the Third District of the Illinois Appellate Court held that a trustee’s distribution of a trust’s income and principal to only one of the beneficiaries did not constitute unjust enrichment.

On June 24, 2020, the Second District of the Illinois Appellate Court held that recorded deeds are not subject to fraudulent concealment.

A son’s financial dealings as the attorney-in-fact for his father led to reimbursement and reversal.

A husband executed a trust that gave his wife a power of appointment that was exercisable during her lifetime and allowed appointment to persons other than herself.

On Dec. 26, 2019, the First District Appellate Court found that a claimant in a probate case had not demonstrated by clear and convincing evidence that the transfers he made to his son and daughter-in-law were loans rather than gifts.