Section Newsletters

Articles on Trusts & Estates

Caselaw Update By Michael English Trusts and Estates, March 2025 Summaries of written decisions in three cases of interest to trust & estates practitioners.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan Trusts and Estates, March 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Spotlight on Trusts & Estates Section Council Member Susan T. Bart By Mia O. Hernandez Trusts and Estates, March 2025 A spotlight on a member of the Trusts & Estates Section Council.
2025 Updates By Paul Fousek Trusts and Estates, February 2025 The following are updates regarding retirement plan limits, tax brackets, and estate tax limits for 2025. Additionally, Paul Fousek includes key insights into the market trends that may impact your financial planning.
Flinn Report Summary – January 3, 2025 (Issue 1) through January 24, 2025 (Issue 4) By Amina Saeed Trusts and Estates, February 2025 The following is a summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, February 2025 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
It Is Time for Illinois to Adopt Domestic Asset Protection Trust Legislation By George L. Schoenbeck Trusts and Estates, February 2025 This article discusses why it is prudent and beneficial for Illinois to adopt legislation enabling effective DAPT planning.
Spotlight on Trusts & Estates Section Council Member Lauren Evans By Mia O. Hernandez Trusts and Estates, February 2025 A spotlight on a member of the Trusts & Estates Section Council.
Option or Right of First Refusal Choose Your Words Carefully When Drafting Dispositive Provisions By Jeffrey A. Mollet & Michael A. Lawlor Trusts and Estates, January 2025 A recent court opinion involved the interpretation of language in a will that provided for the disposition of certain farmland as well as the granting of certain purchase rights in that land to a tenant farmer.
Powerful or Powerless? By Thomas N. Osran & Robert S. Held Trusts and Estates, January 2025 Do recent amendments to the Power of Attorney Act solve an old problem?
Spotlight on Trusts & Estates Section Council Member Mary E. Vanek By Mia O. Hernandez Trusts and Estates, January 2025 A spotlight on a member of the Trusts & Estates Section Council.
Elder Law and Special Needs Update Year–End 2024 and More By Zisl Edelson, J.D., MBA Trusts and Estates, December 2024 A discussion regarding the most important 2024 updates for Medicaid and Supplemental Security Income of interest to estate planning practitioners. 
Illinois Trust Code Amendments Adding New Obligations for Trustees By Neil T. Goltermann Trusts and Estates, December 2024 The purpose of this article is to identify and discuss the amendments to Sections 809 and 810 of the Illinois Trust Code pursuant Public Act 103-0977, which is effective January 1, 2025, and the issues attorneys involved in drafting trusts, as well as the administration of trusts, may want to take into consideration. 
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.
Spotlight on Trusts & Estates Section Council Member Gary R. Gehlbach By Mia O. Hernandez Trusts and Estates, December 2024 A spotlight on a member of the Trusts & Estates Section Council.
Statutory Amendments Affecting the Illinois Power of Attorney for Property – Boon or Bane for Estate Planning Attorneys? By Mia O. Hernandez & Jennifer Bunker Skerston Trusts and Estates, December 2024 Recently, lively discussion ensued among estate planning practitioner members of the Trusts and Estates Section on the ISBA Central Community discussion board regarding Public Act 103-0994, effective January 1, 2025, which amends the Illinois Power of Attorney Act to add and describe unreasonable and reasonable causes for a third party to refuse to honor powers of attorney for property. The impetus for the Act’s amendment was to redress the perceived problem that it is not uncommon for third parties to unreasonably reject powers of attorney for property. 
24 Legal Practice Tips By Colleen L. Sahlas Trusts and Estates, November 2024 Tips learned from 24 years in legal practice of interest to trusts & estates practitioners. 
In re Hirschfeld—Presumptions of Gift or Undue Influence, Fraud for POA Spouse By Chad J. Richter Trusts and Estates, November 2024 On August 1, 2023, the Illinois Appellate Court of the Fifth District clarified a nuance to the burden-shifting presumptions applied to spouses and fiduciaries. The Hirschfeld case concerned a citation to recover assets proceeding brought by the decedent’s children of a former marriage against the surviving spouse, who was also the attorney-in-fact of the decedent. 
Spotlight on Trusts & Estates Section Council Member Paloma Holloman By Mia O. Hernandez Trusts and Estates, November 2024 A spotlight on a member of the Trusts & Estates Section Council.
Flinn Report Summary – August 2, 2024 (Issue 31) Through August 30, 2024 (Issue 35) By Amina Saeed Trusts and Estates, October 2024 The Flinn Report for August, 2024, of interest to trusts and estates practitioners.
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, October 2024 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Spotlight on Trusts & Estates Section Council Member Steven Wade By Mia O. Hernandez Trusts and Estates, October 2024 A spotlight on a member of the Trusts & Estates Section Council.
Twelve Tips for New Probate Attorneys By Mary E. Vanek Trusts and Estates, October 2024 Tips on key issues that attorneys new to probate practice struggle with in court.
Writing Tips for Young Lawyers (and Old Dogs Who Need New Tricks) By Hon. Kenton J. Skarin Trusts and Estates, October 2024 Writing tips from Judge Kenton Skarin.
An Author’s Guide to Publication in the Trusts and Estates Section Newsletter By Jennifer Bunker Skerston & Mia O. Hernandez Trusts and Estates, September 2024 A message from the ISBA Trusts & Estates Section Council Newsletter Co-Editors on writing for an upcoming issue.
Flinn Report Summary – June 7, 2024 (Issue 23) through June 28, 2024 (Issue 26) By Amina Saeed Trusts and Estates, September 2024 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices. 
Future Live CLE and Previously Recorded CLE on Trusts and Estates Topics Trusts and Estates, September 2024 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Spotlight on Trusts & Estates Section Council Member Eric Bramlet By Mia O. Hernandez Trusts and Estates, September 2024 A spotlight on a member of the Trusts & Estates Section Council.
A Summary of the Trusts & Estates Section Council’s April 5, 2024 Business Meeting By Jennifer Bunker Skerston Trusts and Estates, September 2024 A summary of the April Trusts & Estates Section Council business meeting.
Thank You to Our Authors By Jennifer Bunker Skerston Trusts and Estates, September 2024 A thank you to the authors who contributed to the 2023-24 bar year issues of the Trusts & Estates newsletter.

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