Section Newsletters

Articles on Trusts & Estates

Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner Trusts and Estates, October 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.
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.
Repose in Peace By David C. Thies, Daniel R. Thies, & Mia O. Hernandez Trusts and Estates, October 2021 The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.
Spotlight on Trusts & Estates Section Council Members: Nathan Beemster and Bryan J. Schrempf By Mia O. Hernandez Trusts and Estates, October 2021 A spotlight on two members of the Trusts & Estates Section Council.
Temporary Guardians Are Not Always Temporary By Robert S. Held Trusts and Estates, October 2021 Recently, guardianships and the probate courts that impose them have come under greater scrutiny.
Author’s Note By William A. Peithmann Trusts and Estates, September 2021 A note from William A. Peithman on his article from 1994, The Case for Amending the Attorney's Malpractice Law, which has been republished in this issue.
From the Archives: The Case for Amending the Attorney’s Malpractice Law By William A. Peithmann Trusts and Estates, September 2021 An article from the 1994 issue of the Trusts & Estates newsletter.
It’s Here: The Illinois Electronic Wills and Remote Witnesses Act By Patrick D. Owens Elder Law, September 2021 The Illinois Electronic Wills and Remote Witnesses Act passed both houses as SB0730 in May 2021 and signed into law on July 26, 2021.
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.
Drafting Trusts for Children After the SECURE Act By Robert J. Kolasa Trusts and Estates, August 2021 Clients now need to carefully weigh income taxes against asset protection concerns in structuring trusts holding retirement plan assets for children.
It’s Here: The Illinois Electronic Wills and Remote Witnesses Act By Patrick D. Owens Trusts and Estates, August 2021 The Illinois Electronic Wills and Remote Witnesses Act passed both houses as SB0730 in May 2021 and signed into law on July 26, 2021.
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.
Planning for a Parent of a Minor Child Upon the Parent’s Disability By Leonard F. Berg Trusts and Estates, July 2021 Steps for estate planning practitioners to take if a client asks to plan for their possible incapacity while their children are still minors.
Selling Land Owned With No Survivorship: Bond in Lieu of Probate or Probate? By Ellen Beth Gill Real Estate Law, July 2021 Bond in lieu of probate can be a quick and easy method for transferring title to Illinois real estate from a deceased sole owner or a deceased tenant in common, but it is not always the best choice for your client.
Selling Land Owned With No Survivorship: Bond in Lieu of Probate or Probate? By Ellen Beth Gill Elder Law, July 2021 Bond in lieu of probate can be a quick and easy method for transferring title to Illinois real estate from a deceased sole owner or a deceased tenant in common, but it is not always the best choice for your client.
Thank You to Our Authors By Jennifer Bunker Skerston Trusts and Estates, July 2021 A thank you to the authors who contributed articles to the Trusts & Estates newsletter during the 2020-21 bar year.
Selling Land Owned With No Survivorship: Bond in Lieu of Probate or Probate? By Ellen Beth Gill Trusts and Estates, June 2021 Bond in lieu of probate can be a quick and easy method for transferring title to Illinois real estate from a deceased sole owner or a deceased tenant in common, but it is not always the best choice for your client.
Flinn Report Summary – November 6, 2020 through January 29, 2021 By Joseph P. O’Keefe Trusts and Estates, May 2021 A summary of Illinois agency regulatory decisions reported in the Flinn Report that are related to trusts and estates practices.
Residential Real Property Disclosure Act and the Illinois Trust Code: Has the ITC Repealed Hawkins v. Voss? By Sherwin D. Abrams Trusts and Estates, April 2021 A summary and analysis of Hawkins v. Voss.
The Owner Is Dead. Who Has the Authority to Transfer the Boat, Trailer, & Other Vehicles? By Leonard F. Berg Trusts and Estates, March 2021 While Bob was alive, he would sell his trucks, boats, trailers, and even a mobile home, by signing the title to those items. But when this bachelor dies who has the authority to sign on his behalf, and how does someone get that authority? The publications section of the Illinois Secretary of State website includes a helpful pamphlet describing the process.1
3 comments (Most recent August 25, 2021)
Flinn Report Summary – July 6, 2020 through October 30, 2020 By Joseph P. O’Keefe Trusts and Estates, February 2021 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
How Do You Reopen an Illinois Probate Estate? By Kevin Williams Trusts and Estates, February 2021 An outline of how to reopen a probate estate in Illinois when there is a newly discovered asset.
Settling Wrongful Death and Survival Claims In (and Out of) Probate Court By Steven A. Wade Trusts and Estates, January 2021 A look at how to handle wrongful death and survival claims.
Stealing Houses? By Frank Pellegrini Trusts and Estates, January 2021 What do you get when you combine identity theft with mortgage fraud? The FBI calls it house-stealing.
15th Judicial Circuit Probate Hearings Current as of November 16, 2020 By Heather McPherson Trusts and Estates, December 2020 Procedures for virtual probate proceedings in the 15th judicial circuit.
When to Utilize a Corporate Executor: Suggestions for Estate Planning Attorneys By Joel Schoenmeyer Trusts and Estates, December 2020 A look at situations in which a corporate executor may be helpful to both estate planning attorneys and their clients.
1 comment (Most recent December 10, 2020)
Creditor General Powers of Appointment: What Are the Tax Considerations if State Law Limits Appointive Property to the Underlying Debt for GPAs? By Robert J. Kolasa Trusts and Estates, November 2020 Basis optimization for credit shelter and irrevocable trusts often involves granting the trust beneficiary a general power of appointment over trust assets to achieve stepped-up basis.
Illinois’ Testamentary Exception to the Attorney-Client Privilege By Adrian Mendoza Trusts and Estates, November 2020 While many believe the attorney-client privilege is inviolate, there are certain exceptions.
Flinn Report Summary – February 14, 2020 through April 24, 2020 By Joseph P. O’Keefe Trusts and Estates, October 2020 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report.

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