2019 Articles

The Attorney’s Fiduciary Duties to Non-Client Trust Beneficiaries By Chuck Newland September 2019 Although attorneys do not usually have fiduciary duties to a non-client, it is a mistake to assume they never do.

Behind the Scenes: Drafting the New Illinois Trust Code By Susan Bart August 2019 The new Illinois Trust Code provides a comprehensive, organized body of trust law that replaces the sparse, scattered, and somewhat disorganized preexisting statutes.

Checklist for Trustees Under the New Illinois Trust Code By Daniel P. Felix November 2019 A checklist of some key provisions of the new Illinois Trust Code to help trustees get up to speed quickly.

Claims Against a Decedent’s Non-Probate Property in Illinois By Joel A. Schoenmeyer December 2019 In the near future, the treatment of a decedent’s living trust property will be governed by the terms of the Illinois Trust Code, which becomes effective on January 1, 2020.

1 comment (Most recent December 15, 2019)

Comparison of Citations for Certain Provisions of the Illinois Trusts & Trustees Act and the Illinois Trust Code By Jane Ditelberg December 2019 A chart comparing citations of the Illinois Trusts & Estates Act and Illinois Trust Code.

Disinheritance By Michael H. Erde February 2019 Practical advice to disinherit someone in a will or trust.

Does a guardian ad litem have immunity in a minor’s guardianship proceeding? By Patrick Kinnally March 2019 In Vlastelica v. Brend, the appellate court held that a child representative in a family law case enjoys absolute immunity from civil liability claims of legal malpractice, breach of fiduciary duty, and interference with a parent’s child custody rights.

Drafting for Community Spouses By Phil Koenig August 2019 The law that affects special needs trust planning is not intuitive and contains traps for the unwary. One quirk in the law was referenced in the recent case of Doyle v. Hood.

The effect of an order declaring heirship By Paul Peterson January 2019 The Cook County Recorder of Deeds indicated on November 5 that it is not going to record heirship deeds or affidavits of heirship unless they are accompanied by an order declaring heirship. This article focuses on the effects of this procedure.

Estate and income planning tips and checklists By Dennis J. Jacknewitz April 2019 Practical information and tips to assist attorneys at the beginning of the estate planning process.

Estate Planners Vulnerable to Dormant Legal Malpractice Claims By Matthew Hector November 2019 There's a six-year statute of repose for legal malpractice—unless the alleged act or omission isn't discovered until the client dies. Estate planning lawyers want more protection.

1 comment (Most recent November 9, 2019)

Estate planning for non-human animals by human animals part 2: Pet trusts and other drafting considerations By Timothy S. Midura January 2019 An overview on drafting estate planning documents for animal interests (including pet trusts), income taxation of pet trusts, and conclusion commentary.

Estate planning for the second marriage By Richard W. Kuhn April 2019 The fifth and final installment in a series of articles on estate planning for the second marriage.

Estate planning for the second marriage By Richard W. Kuhn March 2019 The fourth installment in a series of articles on estate planning for the second marriage.

Estate planning for the second marriage By Richard W. Kuhn February 2019 The third installment in a series of articles on estate planning for the second marriage.

Estate planning for the second marriage By Richard W. Kuhn January 2019 The second installment in a series of articles on estate planning for the second marriage.

Ethics corner By Jennifer Bunker Skerston & Colleen L. Sahlas May 2019 A note from co-editors Jennifer Bunker Skerston and Colleen Sahlas about the newsletter's ethics column.

Flinn Report summary – January 4, 2019 through March 15, 2019 By Joseph P. O’Keefe April 2019 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.

Flinn Report Summary – March 22, 2019 through May 31, 2019 By Joseph P. O’Keefe October 2019 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.

Flinn Report Summary – November 2, 2018 through December 28, 2018 By Joseph P. O’Keefe February 2019 A summary of regulatory decisions of Illinois agencies reported in the Flinn Report that are related to trust and estate practices.

Grantor Trust Administration in Illinois: A Primer (Part 1) By Colleen L. Sahlas May 2019 What to do when you represent the successor trustee of a grantor trust and the grantor has passed away, resigned, or been declared disabled for purposes of acting as trustee.

Grantor Trust Administration in Illinois: A Primer (Part 2) By Colleen L. Sahlas June 2019 The second part of a three-part series outlining the role and duties of the acting successor trustee in Illinois trust administration of a self-declaration of trust where the grantor/settlor has become disabled or is deceased.

Grantor Trust Administration in Illinois: A Primer (Part 3) By Colleen L. Sahlas & Emily Vivian July 2019 The third part of a three-part series outlining the role and duties of the acting successor trustee in Illinois trust administration of a self-declaration of trust where the grantor/settlor has become disabled or is deceased.

Illinois ABLE accounts and supplemental needs trusts By Kevin O’Flaherty February 2019 An overview of Illinois ABLE accounts and how they can be used in conjunction with supplemental needs trusts in order to allow individuals with disabilities to earn incomes, receive inheritances and gifts, and accumulate assets without jeopardizing their government benefits.

1 comment (Most recent February 14, 2019)

Illinois Trust Code Defined Terms By Susan T. Bart December 2019 A chart of terms and section numbers for the Illinois Trust Code.

The Illinois Trust Code: What Is it and What Do I Need to Know? Part 1 – Introduction to the Code By Michael J. Fleck August 2019 The first article in a series of practical articles that break down the recently enacted Illinois Trust Code.

The Illinois Trust Code: What Is It and What Do I Need to Know? Part 2—Definitions, Trustee Notification Requirements, and Settlement Agreements By Michael J. Fleck September 2019 The second article in a series of articles that break down the Illinois Trust Code.

The Illinois Trust Code: What Is It and What Do I Need to Know? Part 3—Judicial Proceedings, Representation, and Silent Trusts By Michael J. Fleck October 2019 The third article in a series of articles that break down the Illinois Trust Code.

The Illinois Trust Code: What Is It and What Do I Need to Know? Part 4 – What Makes a Valid Trust and Revocable Trusts By Michael J. Fleck November 2019 The fourth article in a series of articles that break down the Illinois Trust Code.

The Illinois Trust Code: What Is It and What Do I Need to Know? Part 5 – Creditor Rights, Spendthrift Provisions, & Disabled Beneficiaries By Michael J. Fleck December 2019 The fifth article in a series of articles that break down the Illinois Trust Code.