Trusts & Estates

The newsletter of the ISBA’s Section on Trusts & Estates

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2016 Articles

2015 year in review—2015 tax organizer supplement By Paul A. Meints February 2016 News and recent information to keep you up to date.
2016 estate tax summary By Jeffrey R. Gottlieb January 2016 An executive summary of the current Federal and Illinois estate, gift and generation skipping tax exemptions and rates for 2016.
A baker’s dozen considerations before probating small or insolvent decedents’ estates By Colleen L. Sahlas March 2016 This article addresses those cases where probate is optional, and offers a number of factors for you to consider as you and your client determine whether or not probate is the most prudent course of action for a certain insolvent or small estate.
Could a departing shareholder’s continuation with the company as an employee or a consultant be treated as a “retained interest” under Section 2036 or 2701 of the tax code? By Hilary E. Wild September 2016 What if your client wants to remain an employee or an independent contractor of a corporation after gifting his stock in the corporation to his children?
Don’t forget dad! Short-term guardianships aren’t just for the kids By J. Amber Drew November 2016 The Illinois Probate Code specifically authorizes, without court approval, the use of short-term guardianships for disabled adults when the guardian is unavailable or unable to carry out his or her guardianship duties.
Drafting a deed in trust without destroying tenancy by the entirety By Frank Greenfield March 2016 A recent Illinois case illustrates how to maintain the protection of tenancy by the entirety when funding a revocable living trust with the marital home.
Drafting an all-star lineup of co-trustees for trust management By Neil T. Goltermann & Daniel S. Porter July 2016 While appointing a team of co-trustees is a great way to take care of each phase of trust management, the following cases provide some specific things to watch out for when drafting the players for the trust management lineup.
Flinn Report Summary – April 15, 2016 through May 13, 2016 By Joseph P. O’Keefe June 2016 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Flinn Report Summary – August 5, 2016 through September 16, 2016 By Joseph P. O’Keefe November 2016 A summary of regulatory decisions of Illinois agencies.
Flinn Report Summary – January 4, 2016 through January 29, 2016 By Joseph P. O’Keefe February 2016 A summary of Illinois agencies' regulatory decisions that relate to trusts & estates.
Flinn Report Summary – March 18, 2016 through April 8, 2016 By Joseph P. O’Keefe May 2016 A summary of Illinois agencies' regulatory decisions that relate to trusts & estates.
Flinn Report Summary— May 20, 2016 through July 29, 2016 By Joseph P. O’Keefe September 2016 A summary of Illinois agencies' regulatory decisions that relate to trusts & estates.
Flinn Report Summary—December 4, 2015 through December 28, 2015 By Joseph P. O’Keefe January 2016 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.
Giving power to your Powers of Attorney By Alan R. Press February 2016 The author has compiled a list of items to consider when drafting a power of attorney.
1 comment (Most recent February 16, 2016)
The GST trust tax trap By Joseph R. Marconi & Brian C. Langs December 2016 This article will attempt to assist lawyers in identifying scenarios where the GST tax may come into play so as to avoid or properly identify this menacing tax on generational wealth transfers.
1 comment (Most recent December 15, 2016)
The guardian’s role in maintaining and initiating dissolution proceedings By Sarah LeRose & Marisa Cipolla March 2016 In 2015, the First District considered the issue of whether a non-guardian spouse has standing to participate at the best interests hearing to determine if dissolution of marriage is in the ward’s best interests.
Heckerling 2016 reviewed By Timothy S. Midura February 2016 An overview of the recent Heckerling conference.
The Illinois RUFADAA: Guiding privacy, access and disclosure in the digital age By Jingjing Lin October 2016 This article reviews both the uniform and Illinois law, and discusses the potential impact of the legislation on attorneys assisting clients in the estate planning process.
1 comment (Most recent October 11, 2016)
In re Estate of Agin By Mary Anne Spellman Gerstner November 2016 The opinion in this case demonstrates the importance of a clear expression of the settlor’s intent in the trust language itself, the meaning of the term per stirpes, and reflects the impediments which exist to presenting extrinsic evidence in interpreting a trust.
In the April issue… By Jennifer Bunker April 2016 An introduction to the issue from Editor Jennifer Bunker.
In the August issue… By Jennifer Bunker August 2016 An introduction to the issue from Editor Jennifer Bunker.
In the February issue… By Jennifer Bunker February 2016 An introduction to the issue from Editor Jennifer Bunker.
In the January issue… By Jennifer Bunker January 2016 An introduction to the issue from Editor Jennifer Bunker.
In the July issue… By Jennifer Bunker July 2016 An introduction to the issue from Editor Jennifer Bunker.
In the June issue… By Jennifer Bunker June 2016 An introduction to the issue from Editor Jennifer Bunker.
In the March issue… March 2016 An introduction to the issue from Editor Jennifer Bunker.
In the May issue… By Jennifer Bunker May 2016 An introduction to the issue from Editor Jennifer Bunker.
In the October issue… By Jennifer Bunker October 2016 An introduction to the issue from Editor Jennifer Bunker.
In the September issue… By Jennifer Bunker September 2016 An introduction to this month's issue from Editor Jennifer Bunker.
Legislative update By Justin Karubas June 2016 A non-exhaustive list of bills that passed both houses that impact the trusts and estates practice.