Section Newsletters

Articles on Trusts & Estates

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.
Nice Trust, But What’s in It? Analyzing Funding for Revocable Trusts By Cameron T. Lythberg Real Estate Law, August 2024 A trust should include a schedule of assets so that a successor trustee knows what assets are in the trust they have been tasked with administering.
Flinn Report Summary – June 7, 2024 (Issue 23) Through June 28, 2024 (Issue 26) By Amina Saeed Trusts and Estates, July 2024 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices. 
The Importance of Estate Planning: Issues Facing Minor Beneficiaries By Angel Wawrzynek Trusts and Estates, July 2024 As a result of the maxim that minors cannot legally represent their own interests in court, lawsuits are often filed by the parent or next of kin. In the trust and estate context, this is generally insufficient.
Flinn Report Summary – May 3, 2024 (Issue 18) Through May 31, 2024 (Issue 22) By Amina Saeed Trusts and Estates, June 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, June 2024 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Nice Trust, But What’s in It? Analyzing Funding for Revocable Trusts By Cameron T. Lythberg Trusts and Estates, June 2024 A trust should include a schedule of assets so that a successor trustee knows what assets are in the trust they have been tasked with administering.
1 comment (Most recent June 21, 2024)
Spotlight on Trusts & Estates Section Council Member Andrewe William Johnson By Mia O. Hernandez & Jennifer B. Skerston Trusts and Estates, June 2024 A spotlight on a member of the Trusts & Estates Section Council.
Taxable IRAs and Credit Shelter Trusts Under the SECURE Act By Curt W. Ferguson Employee Benefits, June 2024 Trusts can be designed to give the second and third beneficiary types broad control over their inheritance even while they benefit from the tax and catastrophe protections.
Flinn Report Summary – April 5, 2024 (Issue 14) Through April 26, 2024 (Issue 17) By Amina Saeed Trusts and Estates, May 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, May 2024 Mark your calendars for upcoming live CLE events sponsored by the Trusts & Estates Section Council.
Taxable IRAs and Credit Shelter Trusts Under the SECURE Act By Curt W. Ferguson Trusts and Estates, May 2024 Trusts can be designed to give the second and third beneficiary types broad control over their inheritance even while they benefit from the tax and catastrophe protections.
1 comment (Most recent July 21, 2024)

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