2016 Articles

Message from the Chair By Gary R. Gehlbach June 2016 A message from Section Chair Gary Gehlbach.

No common law rights for unmarried cohabitants By Gary R. Gehlbach December 2016 In a recent Illinois Supreme Court decision, Blumenthal v. Brewer, the court ruled that to afford unmarried partners the right to enforce mutual property rights under common law would be tantamount to recognizing common law marriage.

The other side of the Power of Attorney coin By Michael J. Maslanka November 2016 From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.

A perspective on guardianships and visitation of wards By Daniel G. Deneen May 2016 The author shares his thoughts on HB 4569, which was recently introduced in the Illinois General Assembly.

Proposed legislation: Illinois Trust Code By Susan T. Bart January 2016 The ITC will provide practicing attorneys, trustees, trust beneficiaries and other parties dealing with trusts clear, expansive, and easily accessible guidance on trust law questions.

Proposed Section 2704 regulations: Insights straight from the source By George L. Schoenbeck December 2016 On October 29, 2016, Catherine Hughes, Estate and Gift Tax Attorney Advisor in the Office of Tax Policy of the U.S. Department of Treasury, spoke at the Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. Here are the top four takeaways from her discussion.

Protective trusts without compressed tax brackets for trust management By Curt W. Ferguson July 2016 Has your estate planning business suffered since the American Taxpayer Relief Act of 2012 and the increase in the Illinois estate tax exemption to $4,000,000? Do you find that most people just don’t think there is much of anything they can gain from your counsel?

Release and indemnification of a trustee: Best practice recommendations for practitioners By Anthony L. Engel & Kelli Chase Plotz October 2016 Acting as Trustee can be a risky endeavor. Practitioners can help protect Trustees (and encourage qualified parties to act as Trustee) by explicitly authorizing a Trustee to request a release and indemnification in their trust documents. Some statutory changes could be helpful, as well.

Restorative justice: A perspective from the bench By Hon. Sophia H. Hall May 2016 The author shares her thoughts on restorative legal processes.

Section 529A ABLE accounts opening throughout the United States By Adam M. Ansari June 2016 According to the National Disability Institute, there are 58 million individuals with disabilities in the United States and at least 10% of these individuals would qualify for the creation of an ABLE Account under the current eligibility requirements.

Stepped-up basis for credit shelter trusts using PEG powers under Illinois law By Robert J. Kolasa April 2016 This article discusses how a surviving spouse may in some scenarios exercise a testamentary special pwer of appointment to create a new (i.e., appointive) trust for remainder CST beneficiaries.

A summary of the Trusts & Estates Section’s April 2016 business meeting September 2016 Learn more about the current activities of the Trusts & Estate Section.

A summary of the Trusts & Estates Section’s June 2016 Business Meeting By Colleen Sahlas November 2016 Find out what this section's been up to.

A summary of the Trusts & Estates Section’s October 2015 business meeting January 2016 A look into the Section's recent activities and accomplishments.

Thank you to our authors By Jennifer Bunker August 2016 A list of each author and the article they contributed to this newsletter over the past year.

Transfers into trust: A new reality? By Robert W. Kaufmann September 2016 New legislation appears to be an overreaction to the Estate of Diane Mendelson v. Michael Mendelson case.

Trustee’s fees: What is “reasonable” compensation? By James M. Lestikow April 2016 The Illinois Trusts and Trustees Act merely states that Trustees are entitled to “reasonable compensation for services rendered.”

Unmasking client pseudo-mental capacity By Rick L. Law August 2016 It is the lawyer’s duty to determine whether or not a client or prospective client has sufficient capacity to engage in contracts; make donations or gifts; or create testamentary documents.