Section Newsletters

Articles From Michael J. Fleck

The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to Refuse By Michael J. Fleck Trusts and Estates, December 2024 Senate Bill 3421 was enacted as Public Act 103-0994 on August 9, 2024, to be effective January 1, 2025. The Public Act makes certain changes to the Illinois Power of Attorney Act, specifically under Section 2-8. This article will focus on the practical logistics of handling powers of attorney due to these recent amendments, to minimize the chance that powers of attorney are rejected by a third party.
The Illinois Uniform Partition of Heirs Property Act By Michael J. Fleck Trusts and Estates, April 2023 The Illinois Uniform Partition of Heirs Property Act provides protections and mechanisms for heirs who find themselves in the position of having to deal with the potential loss of inherited property.
1 comment (Most recent May 11, 2023)
The Illinois Trust Code Trailer Bill Clean Ups and Tweaks By Michael J. Fleck Trusts and Estates, October 2021 An overview and brief summaries of the substantive changes to the Illinois Trust Code that will go into effect on Jan. 1, 2022.
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Real Estate Law, September 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
1 comment (Most recent September 16, 2021)
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Elder Law, September 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act By Michael J. Fleck Trusts and Estates, August 2021 A summary of changes made to the Illinois Real Property Transfer on Death Instrument Act that improve the use of transfer on death instruments as an effective means of transferring real property in one’s estate planning.
Transfer on Death Instruments: Pitfalls and Pending Legislation By Michael J. Fleck Elder Law, June 2021 While transfer on death instruments provide ease of transferring residential real property, they have shortcomings that practitioners should be aware of in determining whether use of a transfer on death instrument is the best fit for a client.
Transfer on Death Instruments: Pitfalls and Pending Legislation By Michael J. Fleck Real Estate Law, May 2021 While transfer on death instruments provide ease of transferring residential real property, they have shortcomings that practitioners should be aware of in determining whether use of a transfer on death instrument is the best fit for a client.
1 comment (Most recent May 19, 2021)
Transfer on Death Instruments: Pitfalls and Pending Legislation By Michael J. Fleck Trusts and Estates, April 2021 While transfer on death instruments provide ease of transferring residential real property, they have shortcomings that practitioners should be aware of in determining whether use of a transfer on death instrument is the best fit for a client.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 6 – The Trustee, Trustee Duties, Liability and Rights of Others, and the Prudent Investor Rules By Michael J. Fleck Elder Law, March 2020 The sixth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 4 – What Makes a Valid Trust and Revocable Trusts By Michael J. Fleck Elder Law, February 2020 The fourth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 7 – Total Return Trusts, Decanting, Powers of Appointment, and Perpetuities By Michael J. Fleck Trusts and Estates, February 2020 The seventh and final article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 6 – The Trustee, Trustee Duties, Liability and Rights of Others, and the Prudent Investor Rules By Michael J. Fleck Trusts and Estates, January 2020 The sixth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 5 – Creditor Rights, Spendthrift Provisions, & Disabled Beneficiaries By Michael J. Fleck Trusts and Estates, December 2019 The fifth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 1 – Introduction to the Code By Michael J. Fleck Elder Law, November 2019 The first article in a series of practical articles that break down the recently enacted Illinois Trust Code.
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 Elder Law, November 2019 The second article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 3—Judicial Proceedings, Representation, and Silent Trusts By Michael J. Fleck Elder Law, November 2019 The third article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 4 – What Makes a Valid Trust and Revocable Trusts By Michael J. Fleck Trusts and Estates, November 2019 The fourth article in a series of articles that break down the Illinois Trust Code.
The Illinois Trust Code: What Is It and What Do I Need to Know? Part 3—Judicial Proceedings, Representation, and Silent Trusts By Michael J. Fleck Trusts and Estates, October 2019 The third article in a series of articles that break down the Illinois Trust Code.
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.
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.
Transferring adult disabled guardianships between states By Michael J. Fleck Trusts and Estates, March 2019 An overview of In re Estate of Kusmanoff, which illustrates how inefficient and complex multi-state guardianships can be.
Big bank versus little client: How to deal with unreasonable requests and demands By Michael J. Fleck Trusts and Estates, August 2018 It is commonplace for larger multi-state banks to give their customer the runaround when engaging in transactions involving powers of attorney, trust certifications, and small estate affidavits. As attorneys, we want these transactions to go as smoothly as possible without additional and unnecessary steps, forms, and costs.
3 comments (Most recent August 26, 2018)

Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.

Select a Different Author