Taxation & Estate Planning

5 Tips for Dealing with Claims: Tip 3

Posted on November 18, 2009
3. Last time I talked about how you can minimize the claims period by giving notice. If things break correctly, maybe the creditor won't even file the claim. But sometimes a creditor does file the claim -- informally, by sending it to the personal representative or his or her attorney instead of filing it with the court...

5 Tips for Dealing with Claims: Tip 2

Posted on November 17, 2009
2. Tips 2-4 are similar in that they all require that you (the personal representative) do a full-court press to deal with the claims. This is somewhat counter-intuitive -- I think we're all familiar with the idea of a defendant (like in a foreclosure action) who delays, delays, delays...

5 Tips for Dealing with Claims: Tip 1

Posted on November 16, 2009
1. The first thing you have to ask yourself is, "should we even open a probate estate right now?" If a decedent's estate appears insolvent (that is, the value of the potential claims exceeds the value of the decedent's property), maybe you never open an estate...

5 Tips for Dealing with Claims: Introduction

Posted on November 13, 2009
This post starts a series regarding reducing (or minimizing) claims in the probate estate context. A couple of notes before I begin: 1. The claims I'm talking about here are your "typical" claims in probate, for a decedent's debts -- things like credit card bills, medical bills, and the like...

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Wall Street Journal on Will/Trust Programs

Posted on November 12, 2009
People often ask me things like, "Can't I do my Will on my own, using a computer program? Isn't it just a form?" The answer to the second part of that is easy -- not, it's not just a form. As for the answer to the first part, I don't know. There's no reason for me to spend money buying one of these programs just so I can review it...

The QTIP, Part 3

Posted on November 11, 2009
(This is the third and final post in a series. Links: part 1 and part 2.) As I said at the end of my post in part 2, we have a problem when the federal exemption amount and the Illinois exemption amount are different. That is the case right now, where the federal exemption amount is $3...

State Death Taxes

Posted on November 05, 2009
Ordinarily I hate using the phrase "death taxes," but I'll make an exception here because: 1. "State estate taxes" is a horrible phrase to utter; and 2. "State estate taxes" really isn't accurate, since some states have an inheritance tax (in place of or in addition to an estate tax)...

Unpaid Child Support in Probate

Posted on November 03, 2009
Over the past 10 or 20 years, Illinois has worked to make it easier for ex-spouses to collect unpaid child support. Two ways in which this is done: 1. Section 12-108 of the Illinois Code of Civil Procedure, which eliminates the statute of limitations for child support...

The QTIP, Part 2

Posted on October 27, 2009
Let me add a little bit of a wrinkle to the discussion in my last post, by introducing the concept of the state estate tax. This is extremely relevant to the new Illinois QTIP statute. Yes, most states (including Illinois) have an estate tax. But, in the past, this tax was hard to spot...

The QTIP, Part 1

Posted on October 26, 2009
I'd like to spend a few posts talking about QTIPs. No, I'm not talking about the cotton swabs you aren't supposed to stick in your ear but do. Nor am I talking about the rapper from A Tribe Called Quest who is best known for his guest spot on Deee-Lite's single "Groove Is In The Heart...

Inheritance Laws and the EU

Posted on October 21, 2009
The Economist's Charlemagne blog has a really interesting article this week about the European Commission's guidelines for inheritance involving assets in more than one EU country. The link is here. As the article indicates, this is really a dispute between Britain (England and Wales) and the other 26 EU countries...

More on Will Filing in Cook County

Posted on October 20, 2009
I previously wrote about how to file a Will in Cook County at Avvo.com. Recently I had a question from an attorney who watched my free "Probate" video at MentorCLE. He was completing the forms to open a Cook County probate estate, and was perplexed when it asked for the Will number, written as ___ W ___...

Will Depository, and Private Vs. Public

Posted on October 01, 2009
Earlier this year, I decided to try and start a side business. The business related to my law practice, and the goal was to solve a problem: so-called "orphan" Wills. Some attorneys retain their clients' original Wills and other estate planning documents...

Michael Jackson's Estate, Part 8 -- More on the Allowance

Posted on September 23, 2009
A couple of things have happened recently in the Michael Jackson case, both of which favor his mother, Katherine (a link): 1. Katherine (individually and as guardian of the minor children) was given a monthly allowance of more than $86,000 (yes -- you read that right)...

Illinois Right To Life and "Patient Protection"? Not Really

Posted on September 21, 2009
This document, prepared by Illinois Right to Life, was provided to me recently. They consider it a "life-affirming version of the Durable Power of Attorney for Health Care," and indicate that it is a response to "the current medical and legal climate that actively promotes euthanasia and assisted suicide for the disabled and terminally ill...

Convenience Accounts

Posted on September 18, 2009
Here's a piece of legislation that might actually help(!). For a long time there's been an issue involving a decedent and joint accounts. Mom is elderly, and you (daughter) help her out with her banking. Mom adds you to her checking account with a $50,000 balance...

Nipsey Russell's Estate

Posted on September 03, 2009
The Onion nails it, here -- talk about a pro-active literary executor!

Problems with Wrongful Death in Probate

Posted on September 02, 2009
Legislators aren't very good at drafting legislation. And they are especially bad at drafting legislation when more than one area of law is affected. For instance, take the Wrongful Death Act (740 ILCS 180 et seq.) and the way it intersects with probate...

Living Wills

Posted on August 31, 2009
As an estate planning attorney, I tend to think of health directives as a very good thing. I was surprised to learn a few years ago that there are people who dislike powers of attorneys and living wills. For instance, in the wake of the Terri Schiavo case, I read an interview with Professor Robert George of Princeton (the interview is here) in which he objects to living wills...

The Health Care Debate: Death Panels and Living Wills

Posted on August 25, 2009
I find it interesting that the health care debate has focused at least partially on the issue of living wills and powers of attorney. Unfortunately, that issue has been confused by politicians and others who have chosen to lie about language in the health care bill, claiming that it would create "death panels" to decide whether an individual would be allowed to continue living...

Motions to Substitute

Posted on August 11, 2009
Sometimes you (the probate attorney) may not want to keep acting as such. Maybe the client is difficult, or there's some other reason you'd like to step aside. Or, sometimes you (the client) decide you want to get rid of your attorney. Can you do these things? The answer is yes, so long as there is someone willing to take on the case...

Obama and Living Wills

Posted on August 03, 2009
Evidently President Obama recently answered a question at an AARP meeting on the topic of living wills, and reported that he and his wife have them. (Here is a cite.) I also just saw a press release from the Better Business Bureau, mentioning the importance of a living will...

Michael Jackson's Estate, Part 7 -- "Allowance"

Posted on July 24, 2009
Probate takes time, especially a probate a complicated as Michael Jackson's. And when probate lasts a really long time, the spouse and/or dependent children of the decedent are at risk of being unable to reach money that they will (hopefully) inherit...

Michael Jackson's Estate, Part 6 -- Will Contest?

Posted on July 22, 2009
I don't often link to TMZ, mostly because I don't often think that TMZ has anything perceptive to say. But they do on the Katherine Jackson potential contest of Will situation (link here). Just to explain: Michael Jackson's trust evidently has a "no contest" clause, which disinherits anyone who attempts to contest its terms...

Michael Jackson's Estate, Part 5 -- Estate Taxes and an Insurance Trust

Posted on July 13, 2009
This CBS News article talks about the tax burden on Michael Jackson's estate. The estate has to deal with a few problems: 1. Determining the amount of all of Mr. Jackson's debts. 2. Determining the value of all of Mr. Jackson's assets. This is particularly hard to do because the value of some of these assets fluctuates with Mr...

Citations in Probate: Discharging and Amending

Posted on July 07, 2009
I've talked previously about citations in the probate context (here is an introduction). These actions are usually brought by the personal representative, to find out about (and, if successful, re-acquire) property held by a third party that rightfully belongs to the estate...

Michael Jackson's Estate, Part 4: Butterflies

Posted on July 06, 2009
Today there was a court hearing in Michael Jackson's estate. Some details, from MSNBC: 1. There's a 1997 Will as well as a 2002 Will. The 1997 Will only comes into play if the 2002 Will is found to be invalid. 2. Given the temporary nature of the appointments of John Branca and John McClain, as well as the fact that they are referred to as "administrators," I have to believe that we are talking about a scenario involving what are known (in Illinois, at least) as "administrators to collect...

Debbie Rowe, Michael Jackson, and Custody: Scream

Posted on July 04, 2009
Why would Debbie Rowe seek to become guardian of her two children with Michael Jackson? (Article here) Three words: follow the money. Mr. Jackson's trust is (in part) for the benefit of his children. I would presume that he wanted them to be supported in the lifestyle to which they've become accustomed...

Michael Jackson's Estate, Part 3: Beat It

Posted on July 03, 2009
I posted a link to Mr. Jackson's Will yesterday. A few thoughts: -This is what's known as a pourover Will. Mr. Jackson has a trust called the Michael Jackson Family Trust (the "Trust"), and any assets owned by him in his own name at death pass to (pour over into) the Trust...

The $8,000 Income Tax Credit for First-Time Home Buyers: Primary Sources

Posted on July 02, 2009
Hey, I like the internet as much as anyone (really!). But one problem I have is that there are very few places to turn in order to really understand an issue. A lot of the problem is reliance upon secondary sources. So, when my client asks, "can I take advantage of this new $8,000 credit for first-time homebuyers," I run across 100,000 websites providing a vague summary of the law...

Michael Jackson's Will -- the PDF

Posted on July 01, 2009
It's here. Analysis to come.

Michael Jackson's Estate, Part 2: Wanna Be Starting Something?

Posted on June 30, 2009
This blog may morph (just like the "Black or White" video!) into the Michael Jackson's Estate Blog in the coming months (or years). The latest: there appears to be a 2002 Will, according to this WSJ article. Usually a Will starts out by stating that the person signing it hereby revokes all prior Wills, so the last valid Will is the one that is used in probate...

Thomas Jefferson: Rogue Executor?

Posted on June 29, 2009
I'm currently reading James W. Loewen's Lies Across America: What Our Historic Sites Get Wrong. It's a follow-up to Mr. Loewen's book Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong. I recommend both books. One section touches on Thomas Jefferson and his quotes featured on the Jefferson Memorial...

Contingent Fees in the Probate/Estate Context

Posted on June 28, 2009
The Wills, Trusts & Estates Prof Blog has this post about a case involving contingent fee arrangement in an estate. 40% of $100 million. Wow. The court couldn't decide, without additional facts, whether the 40% fee was unconscionable? Gosh -- I don't know how many additional facts you'd need...

Thoughts on Michael Jackson's Estate

Posted on June 27, 2009
For many people from my generation (I was 12 when the album Thriller was released), the death of Michael Jackson is a pretty big deal. My family has always listened to a lot of his music, from the Jackson 5 days through his solo career. (Five favorites: "I Want You Back," "Don't Stop 'Til You Get Enough," "Scream," "PYT," and "Human Nature...

Five Wishes: A Rebuttal

Posted on June 17, 2009
Recently I posted (here) a summary of a recent Illinois Bar Journal article about potential problems with the Five Wishes directive. I almost immediately received an e-mail from someone affiliated with Five Wishes, saying "stay tuned for a rebuttal." The rebuttal has now been published in the Illinois Bar Journal -- I'm publishing it here as well (with permission): May 18, 2009 Dear Editor: We?re flattered that authors Koenig and Hyde (?Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive,? IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem...

Advanced Estate Planning (Estate Planning 102)

Posted on June 16, 2009
I usually think of estate planning as either basic or advanced (Estate Planning 101 and 102, as it were), and I spend most of my practice (and this blog) talking about the basics of estate planning. However, Estate Planning 102 is important as well. Most advanced estate planning is done for tax purposes -- you have to navigate income tax, gift tax, and estate tax issues...

More on George Allen Smith IV Cruise Ship Death

Posted on June 11, 2009
I previously blogged about George Allen Smith IV's mysterious death and the probate proceedings surrounding it here and here. The case is still in the news (here). Basically we're talking about a battle between the deceased honeymooner's wife and his parents...

Handling Your First Illinois Probate Estate - CLE Video Presentation

Posted on June 09, 2009
A couple of weeks ago I recorded an hour-long video presentation on "Handling Your First Illinois Probate Estate" for the mentorcle website. This site has a great business model: anyone can watch a video for free -- attorneys only pay if they want CLE credit for watching...

Judge Sotomayor on Estates

Posted on June 04, 2009
Professor Beyer has this post about Judge Sotomayor's decisions in a few cases affecting trusts and estates. One case in particular is of interest to me, as it relates to a discussion I had with David Giacalone (detailed here) a few years ago about whether personal representatives should be able to handle a probate without hiring an attorney (that is, pro se)...

Filing a Claim in Cook County, Illinois

Posted on June 02, 2009
1. Bring the following to Room 1201 of the Daley Center (50 West Washington Street, Chicago): a. Your checkbook b. Original claim form, completed and signed by your client (note that claim form should include both pages of this form) c. Two (or more) copies of the original claim form 2...

Natasha Richardson's Will

Posted on May 31, 2009
The New York Post has the details, here.

Unclaimed Property and Probate Estates

Posted on May 26, 2009
This is an interesting article about how the bad economy has made people more aggressive in pursuing unclaimed property. In most states, unclaimed property is accessed via the state's treasurer -- that's the case in Illinois as well (go here for the state's site)...

Terry M. Shoultes Probate Litigation -- The Velvet Touch of Probate

Posted on May 19, 2009
The Velvet Touch is a Michigan chain of adult bookstores/massage parlors/etc. The owner and founder, Terry M. Shoultes, passed away in 1998, but the battle over his estate is still continuing. Here is the full story.

Nina Wang Probate Dispute

Posted on May 13, 2009
Isn't it funny how some people seem to be magnets for probate disputes? Anna Nicole Smith had a dispute during her life (over her husband's estate), and now there's a dispute following her death. The same is true of Nina "Little Sweetie" Wang. I blogged here about the controversy surrounding her husband's death...

Mediation Services in Probate

Posted on May 12, 2009
In addition to representing parties in probate and probate litigation proceedings, I also am a mediator. I offer mediation services at my regular hourly rate ($275, payable equally by the parties), as a (hopefully) quicker, less expensive alternative to full-fledged litigation...

Powers of Attorney vs. The Five Wishes Advance Directive

Posted on May 11, 2009
We all crave simplicity, don't we? I know I do, and I know I sometimes get frustrated when things seem complicated just for the sake of being complicated. But I also recognize that, sometimes, things are complicated because that's the way life is. The Five Wishes advance directive is an attempt to simplify matters, by allowing a person to dictate "how you want to be treated if you get seriously ill and unable to speak for yourself...

Twitter and Facebook

Posted on May 08, 2009
I've taken the leap to Twitter, even though I'm fairly suspicious about such things. You can find me here, if you're interested (and believe you me, I'll understand if you aren't). I occasionally tweet about estate planning and probate, although it's difficult to say anything of substance in 140 characters, and my mind wanders to topics such as family, film, architecture, the piano, genealogy, and baseball (to name a few)...

Chang v. Lederman: Estate Planning Malpractice Case

Posted on May 07, 2009
Here is an interesting summary of a California legal malpractice case, Chang v. Lederman. The case involved an attorney named Gregory Lederman, his client Raphael Schumert, and Mr. Schumert's girlfriend (later wife), Myung Chang. Chang alleges in her complaint that in February, 2005, Schumert instructed Gregory Lederman, as his attorney, to revise the trust to provide for distribution of the entire estate to Chang, with the exception of $250,000 to be distributed to his son...

Creditors and Trusts -- Society of Lloyd's

Posted on May 06, 2009
During a recent discussion on a ISBA (Illinois State Bar Association) listserv, the case of Society of Lloyd's v. Estate of McMurray case (available here) was brought to my attention. Given my interest in claims against non-probate property, it seems worthwhile to discuss it...

Ethics and Estate/Probate Attorneys

Posted on May 05, 2009
Last week I wrote (here) about the question of "who's the client?" in the estate planning context. As one reader pointed out to me in an e-mail, this issue also arises in the estate administration or probate context. Let's say that you are approached by an individual who is named as Executor in the Will of John Smith...

Cook County Probate -- New Order re. "Expedited" Service

Posted on May 04, 2009
I've complained before about the huge backup in the Cook County Probate Court for deceased estates. This isn't the fault of the judges, who are working as quickly as they can; rather, it's a problem that has arisen because we have only four judges handling all of the deceased estates (new and old) in Cook County...

Estate Planning and Ethics: Who's The Client?

Posted on May 01, 2009
I was at a seminar today on ethical considerations in estate planning. One of the things I noticed was how often an ethical dilemma starts because the attorney doesn't know (or doesn't keep in mind) the identity of the client. Some examples: 1. Joint representation (husband and wife): In most cases, they are BOTH the client, even if one of them is your primary contact...

More on Ethics and Estate Planning

Posted on May 01, 2009
One of the cases mentioned at the ethics seminar I attended yesterday involves an Illinois attorney named Karris A. Bilal. Mr. Bilal was facing disciplinary action for a number of reasons. One of the reasons involved his actions with respect to his father's wife, Rachell, and Rachel's aunt, Georgia Hodges...

Mrs. Astor Regrets

Posted on April 29, 2009
I just finished reading Meryl Gordon's book Mrs. Astor Regrets, and highly recommend it. The story should be interesting to anyone who likes a lurid tale that's well-told, but it has special interest to those interested in estate planning and related fields...

Know What to Ask Before Hiring an Estate Planner

Posted on April 23, 2009
I'm a regular reader of Lifehacker, even though about 80% of the posts there are way over my head (when I hear "linux," I think of a Peanuts fan with a speech impediment, not an open-source operating system or what have you). Anyway, a recent Lifehacker post (here) is entitled "Know What to Ask Before Hiring a Financial Planner...

Reopening (or just opening) a Probate Estate

Posted on April 23, 2009
The estate of Kathleen Savio, Drew Peterson's third wife, was re-opened last year. Estates are typically re-opened when new assets are found -- in this case, the new asset is a potential wrongful death judgment against Mr. Peterson. I've dealt with re-opened estates in other contexts, though...

Closing a Probate Estate, Part 2

Posted on April 16, 2009
So (picking up from Part 1) -- you've sent a final report and an accounting to the beneficiaries. Now what? Well, you also need to get signed receipts from them. For beneficiaries who receive a specific item of property or set amount of money in the decedent's Will, a very simple receipt will suffice...

Closing a Probate Estate, Part 1

Posted on April 14, 2009
I wanted to discuss, in a few parts, what happens when the administration of a probate estate is completed. How is a probate estate officially closed out? Note that this analysis only applies if the estate is in what's called "independent administration," which most Illinois estates are...

Wall Street Journal Estate Tax Editorial

Posted on April 09, 2009
I?ve said it before, I?ll say it again: I?m opposed to the estate tax, and think we should get rid of it. But ? as I?ve also said before and will say again ? I don?t understand why opponents of the estate tax have to engage in bald-faced lies in order to make their point...

Representation, Part 2: Contingent Fee

Posted on March 20, 2009
I accept contingent fee cases in the probate context, in a couple of different situation: 1. Where a client wishes to contest the validity of a Will; or 2. Where a client has a potential claim against an estate. In these cases, my fee -- instead of being charged hourly at $225 per hour -- is 30% of whatever I am able to collect from the estate for my client...

Illinois Estate Tax Case

Posted on March 19, 2009
This is clever -- the Illinois Estate and Generation-Skipping Transfer Tax Act (35 ILCS 405/) requires the payment of tax equal to the "state tax credit." That's a defined term in Section 2(a) of the Act: "State tax credit" means: (a) For persons dying on or after January 1, 2003 and through December 31, 2005, an amount equal to the full credit calculable under Section 2011 or Section 2604 of the Internal Revenue Code as the credit would have been computed and allowed under the Internal Revenue Code as in effect on December 31, 2001...

Representation, Part 1: Beneficiaries

Posted on March 18, 2009
In most probate cases, I represent the personal representative (executor or administrator). However, I'm seeing a big increase in the number of beneficiaries who want to hire me to represent them in connection with a probate estate. Why would you, as a beneficiary, want an attorney? Just to make sure that your rights are protected, and that you understand the process...

Loans to Family Members, Part 2

Posted on March 17, 2009
Last week I mentioned the income tax problems associated with a loan to a family member. It is important to realize that market interest rates are determined by reference to what are known as "applicable federal rates" for short-term (3 years or less), mid-term (between 3 and 9 years) and long-term (more than 9 years) loans...

The Oracle of Oak Park?

Posted on March 12, 2009
I know predictions are a fool's game, but I can't help but toot my own horn about this October 2005 post: The Risky Business of Crazy Mortgages Cybele Weisser has a scary article entitled "Crazy Loans: Is This How the Boom Ends?" in this month's Money magazine -- it's available online here...

Loans to Family Members, Part 1

Posted on March 10, 2009
Want to make an estate planner cringe? Mention that you made a loan to a family member at a below-market interest rate (or, even better, a no interest loan). Why do estate planners hate this type of arrangement? The main reason is Internal Revenue Code Section 7872 (and the failure of most people to realize that these arrangements create income tax issues)...

The Estate Planning - Probate Connection

Posted on March 09, 2009
It's important for both the client and the estate planning attorney to think carefully about how bequests will work. Let me give an example: right now I'm dealing with a probate case involving a Will. The Will makes specific bequests to a number of individuals, many of them in foreign countries, in amounts ranging from $100 to $500 (most of the bequests are for $100)...

Creditors and Non-Probate Assets in Illinois

Posted on February 24, 2009
I'm going to try something a bit different here. I recently put together a rather lengthy article on creditors and non-probate assets in Illinois. I'm going to post a link to it here as a PDF -- I'd love to hear if anyone has comments about it.

E-Filing to Come to Cook County

Posted on February 19, 2009
I've previously spoken about ways in which computer filing could streamline the Cook County Probate Court, saving attorney time and client money (here and here). I thought this was just my crazy dream, but lo and behold, a friend of mine alerted me to the fact that Court Clerk Dorothy Brown will be introducing E-Filing starting in April 2009...

Professor Layton and the Curious Village

Posted on February 18, 2009
I am what might be called an "old school" or "first generation" videogame player. I owned an Atari 2600 as a kid, and spent a lot of time at arcades and the like playing games like Pacman and Galaga. I still play a little, with my 7-year-old daughter...

More on Attorney Fees and Billing Arrangements

Posted on February 17, 2009
I wanted to follow up on my recent post regarding alternative billing arrangements. I think it really comes down to this: in the past 10+ years, when the economy has been good, attorney hourly rates have skyrocketed. Each year associates traditionally receive raises as they goes from being a 1st year to being a 2nd year, a 2nd year to a 3rd year, etc...

Tough Times and Probate

Posted on February 11, 2009
This is a Canadian article, but it applies the same here in the US -- "Tough times making even probate practice riskier." The main thing I've seen is more financial stress on the heirs. Most of them didn't expect a huge windfall, but probate has been turned from a net gain to a net loss (at least in the short term)...

Intestacy Reform

Posted on February 10, 2009
Evidently Massachusetts recently made some extensive changes to its Probate Code -- the story is here. I don't know much about the other provisions, but the provision that says "[i]n the case of no will, the spouse gets the entire estate if the children are all of the marriage" is a good one...

All of Me and Honestly Dearest, You're Dead

Posted on February 09, 2009
The Wall Street Journal has recently mentioned one movie and one book that relate to estate planning and probate. 1. All of Me. Mentioned by Joe Morgenstern in a sidebar in this column. Here's part of Mr. Morgenstern's summary: [Lily Tomlin] plays Edwina, a dying millionaire spinster who arranges to have her soul transplanted into the body of a beautiful young woman...

Alternative Billing Arrangements

Posted on February 06, 2009
This article -- on the topic of the possible death of billable hours -- is pretty interesting. I wrote about billing arrangements (and the problems with them) here. As I said there, I'm not sure that billable hours per se are the problem. Rather, the problem is attorneys who bill clients for ...

More domain names for sale

Posted on February 05, 2009
A while back, I sold a couple of domain names I wasn't using (www.probateblog.com and www.estateplanningblog.com). Now I have a couple more available, perfect for the Illinois estate planning or probate professional: www.illinoisestateattorney.com and www...

Same-Sex Marriage Probate Decision in New York

Posted on February 04, 2009
When I advise same-sex couples on their estate planning, one of the issues we have to discuss is how the couple is viewed by siblings and parents. This is important because, in the past, family members have sometimes been successful in overturning a gay or lesbian testator's Will in cases where the Will left everything to the testator's partner...

It's always good to run across

Posted on February 03, 2009
It's always good to run across people who write about estate planning/probate issues, and are good on the substantive side of things in addition to being good writers. Matt Wallace, an attorney in Port Huron, Michigan, is such a person. Here are a couple of recent articles from his column, Planning Matters: How to avoid problems with probate, property Children's accounts may need to be probated

Probate in DuPage County, Illinois

Posted on February 02, 2009
Most of my posts relate to Cook County probate, but today I'd like to spend some time talking about probate in DuPage County. Some notes: Forms for DuPage County are available here. One important note: for testate estates, Cook County requires you to prepare a "Copy of Will" form, signed by the attorney and petitioner, to which you must attach...

Roland Burris: Estate Planner

Posted on February 02, 2009
These are trying times for Illinois residents. They should be the best of times (with our own former Senator in the White House), but Governor Blagojevich changed all that. Now I have to field calls from out-of-state relatives, asking me what's going on with our political system...

Cook County's "Norris" Rule

Posted on January 30, 2009
For the most part, closing a probate estate is pretty easy. The executor or administrator signs a document called a final report, and this document -- along with receipts from each beneficiary -- is submitted to the court. That being said, one of the Cook County Rules of Court (this one -- 12...

Boot Camp for Executors and Trustees

Posted on January 29, 2009
I'll have more details about this later, but I will be presenting a day-long (six-hour) seminar entitled "Boot Camp for Executors and Trustees" on Friday, April 17 from 9:00 a.m. to 4:00 p.m. (with a one-hour break for lunch, which is included in the seminar price...

Scott Boras and Ethics in Negotiation

Posted on January 28, 2009
As regular readers know, I'm a huge baseball fan (go White Sox!). I even enjoy reading about "behind the scenes" stuff, like player negotiations, roster construction, free agency, etc. (I sometimes think I enjoy the hot stove league more than I enjoy the regular one...

The Residential Real Property Disclosure Act and Fiduciaries

Posted on January 16, 2009
Illinois typically requires the seller of real estate to furnish a disclosure, pursuant to this statute, regarding the condition of the property being sold. That makes sense, doesn't it? However, when the property in question is part of a decedent's estate, disclosure is more difficult (if not impossible)...

If I Ran the Cook County Probate Court, Part 2

Posted on January 15, 2009
I blogged here about how I would simplify the court process if I ran the Cook County Probate Court. Sitting in court this morning -- for an HOUR -- made me think of one other idea: computer scheduling. The judges could use a Google Calendar-like application to allow attorneys to schedule routine court hearings online...

Details on Formal Proof of Will

Posted on January 14, 2009
I blogged here about the basics involved in a formal proof of Will. Just a couple of practice notes: -Formal Proof of Will usually means hauling the witnesses to the Will into court, to testify about the following (each of which relates to a specific technical requirement for validity of a Will): 1...

Obama and the Estate Tax

Posted on January 13, 2009
If you haven't read it, today's Wall Street Journal leads off with an article about Obama and the estate tax. Actually, it's about more than just what the President-elect plans to do regarding the tax -- there's also some interesting history about the rise and fall of the anti-estate tax forces, and the battle between the rich anti-estate tax folks and the REALLY rich anti-estate tax folks...

Fiduciaries and Power of Attorney

Posted on January 12, 2009
Last Friday I handled a real estate deal -- my client (an estate) sold the decedent's house. The administrator lives out of state and couldn't attend, so I (at the administrator's request) prepared a power of attorney in favor of myself. This is typically done when one/both sellers can't be at the closing, but note that there's an additional wrinkle when a fiduciary is involved...

ACTEC Commentaries on Model Rules of Professional Conduct

Posted on December 17, 2008
The Model Rules of Professional Conduct are a framework for attorney conduct in many states. The problem is that the Model Rules seem to have been written by and for litigation and commercial attorneys, and not by and for estate planning and probate attorneys...

Peter Falk and Guardianship

Posted on December 16, 2008
This UPI article states that the daughter of actor Peter Falk -- famous for his roles in "Columbo" and "Wings of Desire" -- is seeking a conservatorship. (Conservatorship is just another word for guardianship.) Catherine Falk says that her father is suffering from Alzheimer's disease and dementia, and she is concerned that he "can easily be deceived into transferring away property...

Nudge, Shel Silverstein, Smart, and Negotiation

Posted on December 11, 2008
I'm currently reading Nudge: Improving Decisions About Health, Wealth, and Happiness, by the U of C professors Richard Thaler and Cass Sunstein. I'll probably post a review later, but I found one part (on page 77) particularly interesting. The authors are using a Shel Silverstein poem called "Smart" as the basis for an example, and they ask the reader to Google the poem and read it before continuing in the book...

Transfer of Will

Posted on December 09, 2008
Illinois law imposes a duty on anyone holding an original Will of a deceased person, to file that Will "with the clerk of the court of the proper county." That's usually easy to ascertain, but what if you file a Will in, say, Cook County, Illinois, but then discover that a probate is instead needed in Broward County, Florida? How do you get the Will -- which, upon filing, becomes the property of the Cook County clerk -- down to Florida? Well, in Cook County, you use this form, which is an application to transfer the Will to another jurisdiction, as well as an order...

Illinois Bar Journal Resources

Posted on December 08, 2008
If you are an Illinois estate planning or probate attorney, you may want to check out this month's Illinois Bar Journal. A few things it tackles: -how to use gifts to reduce Illinois estate taxes; -FDIC limits for accounts owned by a living trust; and -whether an adopted child can inherit from a biological parent...

May a non-resident act as Illinois executor?

Posted on December 05, 2008
Here's a question that pops up with some regularity: may someone who does not reside in Illinois act as the executor or administrator of an Illinois probate estate? The answer is yes, so long as the person is a resident of the U.S. (the U.S. residency requirement is found in Sections 6-13(a) and 9-1 of the Probate Act -- there are a few other basic requirements as well)...

CBGB Probate Dispute

Posted on December 04, 2008
This ain't no party, this ain't no disco this ain't no fooling around This ain't no mudd club, or C. B. G. B. I ain't got time for that now -Talking Heads, "Life During Wartime" The famed NYC club CBGB is in the news in a probate context, according to this New York Times article...

Renunciation of a Will, Part 2: Procedures

Posted on December 03, 2008
Yesterday I blogged about the basics of renunciation of a Will. A few procedural points: 1. Renunciation isn't automatic -- you have to petition the court for it, typically within 7 months after the spouse's Will was admitted to probate. The Probate Act says that "In order to renounce a will, the testator's surviving spouse must file in the court in which the will was admitted to probate a written instrument signed by the surviving spouse and declaring the renunciation...

Renunciation of a Will, Part 1: The Basics

Posted on December 02, 2008
Let's say you are married, and your husband dies. Even worse, in reviewing his papers, you find that you are left nothing (or a very small amount) in his Will. What are your rights? One of the most basic rights you have as surviving spouse is the right of renunciation, as set forth in Section 2-8 of the Illinois Probate Act...

Cars and Beneficiary Designations

Posted on December 01, 2008
My vote for the most annoying Illinois law is this one, which requires car dealerships to be closed on Sundays. (It should be called "The Lazy Car Salesman Act.") To be fair, Illinois legislators have finally done something sensible in the motor vehicle area...

Slayer Statutes, Attempted Murder, and Updating Your Will

Posted on November 27, 2008
This article discusses an interesting situation from Ohio: -17-year-old laces his parents' tea with cyanide -when that doesn't work, he shoots his mother three times with a .38, and shoots at (but misses) his father -both his mother and his father survive the attack -17-year-old is sent to juvenile detention for a year, then joins the Navy (his relationship with his parents is strained -- YA THINK??!!), and eventually "settles down" -many years later, parents die with mirror image Wills leaving everything to each other, with no other named beneficiaries* Does son (now 43) inherit anything from his parents (whose estates contain about $500,000 in property)? It would seem so, since he is their only heir, and they made no provisions for other beneficiaries...

Receipts and Distributions, part 2

Posted on November 27, 2008
On Tuesday I blogged about the receipt-distribution dance. One natural question might be, "why do I need to get receipts at all, if there's no court supervision of trust administration?" I think the answer can be boiled down to three letters: CYA. Just because there is no court supervision NOW doesn't mean that there won't be court supervision (or similar scrutiny) in the future, either because a beneficiary files suit or because of IRS action...

Receipts and Distributions, part 1

Posted on November 25, 2008
When I am advising a fiduciary (executor or trustee) about to make a distribution, I always list the pertinent steps in the following order: 1. Send out receipts for all beneficiaries to sign; 2. Once all signed receipts are in hand, send out checks...

Paul Newman's Will and Codicil

Posted on November 24, 2008
Copies are online here. A few things of note: -Paragraph 1.1 requests that the executor sell Mr. Newman's race cars and planes. When someone has a hobby like Mr. Newman did with racing cars, this is a great idea -- you let everyone know what you want to happen to your hobby-related property upon your death, so there's no confusion...

Utah, the LDS, and Probate Rights

Posted on November 11, 2008
Is everyone recovering from election fever? Pretty amazing, isn't it, that a Chicago-based attorney, formerly of Sidley & Austin, can become president? Maybe there's hope for me yet! In addition to the main event, there were a lot of other issues (and candidates) put before the public last Tuesday...

Claims and Secured Property in Probate

Posted on October 28, 2008
Previously (here), I have discussed the fact that not all claims against probate estates are created equally. Rather, under Illinois law, some claims have priority over others. For instance, attorney's fees, funeral expenses, and other administrative expenses get paid first (that is, they are first class claims)...

Slate article on Inheritance

Posted on October 27, 2008
This is a very nice article about the personal side of inheriting (or not inheriting) property, and the disputes that sometimes arise from the possibility of an inheritance.

Illiquidity and Probate

Posted on October 24, 2008
I don't really have any answers here, but let me tell what I see on the ground with respect to probate estates. Obviously, there's a problem, just like there is with the rest of the economy. The main problem is (no surprise) with real estate and liquidity...

Making Gifts in Tough Economic Times

Posted on October 23, 2008
Professor Beyer has a post (here) about why a bad economy is a boon for estate and gift planning. The idea can be a fairly simple one. You believe stock in company X is undervalued, so you either give your shares in company X to someone (let's say your daughter), or you give your daughter money to buy shares...

Other Presidential Candidates on the Estate Tax

Posted on October 21, 2008
I've posted a bit about the two major candidates for President, and their views on taxation. In the interest of providing a bit more information, I thought it might be helpful to see about the other four people who may appear on your ballot. Here's what their websites say on this issue: Bob Barr (Libertarian Party) Tax reform is desperately needed in the United States; but before we can reform the tax code, we must sharply reduce the tax burden on Americans...

How Much Information Should the Executor Give?

Posted on October 19, 2008
It's always interesting when I'm facing the same situation in two different cases but from opposite perspectives. That's where I find myself with respect to the following issue: beneficiary (child of X) has questions about the actions taken by executor (also child of X) before X's death, as an agent under X's power of attorney The question is, to account or not to account? By which I mean, does the executor take the time to prepare an accounting of his or her actions as agent for the beneficiary? In Illinois, such an accounting is not required -- in order to obtain it, the beneficiary would have to file a citation action...

New Office, and Offices Generally (Advice for Solos)

Posted on October 17, 2008
I just signed a lease on a second office, closer to home. It's located at 7225-27 West Madison Street in the hip, up-and-coming (though not because of me) suburb of Forest Park. Here is a map. I still have my first office, located a bit further west in Westchester (One Westbrook Corporate Center, Suite 300)...

More on McCain, Obama and the Estate Tax

Posted on October 16, 2008
This Wall Street Journal article has it. I REALLY like the idea, endorsed by both candidates(!), of making the estate tax exemption portable. Let me explain a bit about what that means: There is an estate tax exemption -- right now it's $2 million, but it's going up to $3...

A Rebuttal Re. Probate Investors

Posted on October 08, 2008
I recently received the e-mail from a reader, in response to some of my earlier posts about probate investors. I'm going to print it in its entirety, and then respond to a few points: Having read several of your posts, I find many of your comments to be insightful and interesting...

More on Taxes and President, VP Candidates

Posted on October 07, 2008
On the McCain/Palin (or is it Palin/McCain?) side, there's some analysis of income tax returns: Palin: Wall Street Journal article McCain: Huffington Post article On the Obama/Biden side, there's this open letter from prominent economists (including my current professor) who criticize Obama's tax plan...

Dividing the Estate and Just Buried

Posted on October 05, 2008
I don't know how I missed it, but Horton Foote's latest play is entitled "Dividing the Estate," and as the title suggests, it's about a fight over an inheritance. It's playing in New York City (details here). Also, a movie that's probably a little less classy: Just Buried, starring Jay Baruchel of the wonderful TV series "Undeclared...

Buckley Probate Mess

Posted on October 03, 2008
This is a sort of slimy story about William F. Buckley, his son Christopher (the author, about whom I've previously blogged), and Christopher's son Jonathan. Evidently Christopher cheated on his wife with a woman named Irina Woelfle, and she got pregnant...

Step-Siblings, Half-Siblings, and Heirship

Posted on October 02, 2008
For determining heirship in Illinois, it's important to understand the difference between step-relations and half-relations. A step-sibling isn't really a sibling or a blood relation at all. It's the child of two people, one of whom then marries one of your parents...

Cutting Off Fights Over Your Estate

Posted on October 01, 2008
Is there a parent alive who WANTS his children to fight over his estate? I hope not. But what can you do to avoid fighting? Well, one thing you can do is to disclose your plans, by handing out copies of your estate planning documents to your children...

A Rant

Posted on October 01, 2008
Can I tell you what I'm tired of right now? I'm tired of getting calls from old media folks -- Martindale, West, Thompson, what have you -- telling me that I should pay a bunch of money so that they can teach me how to compete on the internet. Let me tell you something, guys -- I'm already competing on the internet...

Heir Property and The Gridlock Economy

Posted on September 25, 2008
I wrote recently about the issue of "heir property" here. Next week I start my second business school class, Advanced Economic Analysis with Professor Kevin Murphy. This is supposed to be a VERY intense class, so during my month break between quarters, I've been reading all of the economics information I can get my hands on (which includes trying to educate myself about our current financial crisis)...

Client Work Breakdown

Posted on September 24, 2008
It's always hard for a lawyer to figure out what to call him/herself. What type of lawyer am I? Well, I'm the type of lawyer who currently has 33 active client files, in the following areas: Estate Administration/Probate/Trust Administration: 18 (plus 3 "inactive" client files), or 54...

Trusts, Corporate Fiduciaries, and the Bailout

Posted on September 23, 2008
This is a pretty interesting Wall Street Journal article about the ramifications of the bailout and Great Depression 2.0 for individuals with trust accounts at affected institutions. I?m less interested in how trust assets are being or should be invested in this market (very carefully? no freaking duh) than I am in the issue of what happens if your corporate trustee folds, or is bought out...

Wills and Trusts With Incorrect Family Information

Posted on September 22, 2008
Here?s a problem that I?ve encountered a couple of times recently: people who intentionally misstate their family situation in their estate planning documents. In both cases, the testator did not list all of his or her children in the section of the Will usually entitled ?My Family...

Tax Plan Charts and Graphs

Posted on September 18, 2008
Chartjunk gives us some nice visual representations of the tax proposals of Senators McCain and Obama, here.

2008 Year-End Gifting Made Easy

Posted on September 17, 2008
One of my most well-received posts was this one, on "year-end gifting made easy." Evidently the Federal Taxes Weekly Alert has calculated that the gift tax annual exclusion will go from $12,000 (right now) to $13,000 in 2009. Based on this, it seems like time for an update: Next year the annual gift tax exclusion will increase from $12,000 to $13,000...

Stock Certificates and Probate

Posted on September 16, 2008
One of the things that I emphasize as an estate planner is "making things easy" for the people who will ultimately handle your estate, by getting yourself organized. That saves them a lot of aggravation, and will also save your estate a fair amount of money, as no one will need to pay an attorney $200+ per hour to figure out how many bank accounts you had, or whether you executed a Will...

Probate Checklist

Posted on September 15, 2008
One of my very long-range projects is creating a comprehensive, soup-to-nuts checklist for Illinois probate. This may be a stand-alone website with just my own content, or I may set it up as a wiki. Anyway, here is the rough outline of things I hope to cover, which can serve as a very rough checklist for Illinois probates: 1...

Powers of Attorney: Do You Want to Act as Agent?

Posted on September 11, 2008
My prediction is that, as more and more baby boomers become fiduciaries for their parents, we're going to get a lot more articles like the very good one by Helen W. Gunnarsson in last month's Illinois Bar Journal (available for members here). Powers of attorney were created in response to a very real problem: if you are disabled, who can make decisions for you? The "old school" way to proceed was with a guardianship -- that's very expensive and very time-consuming...

Jurisdiction in Probate

Posted on September 10, 2008
I remember very little about my law school jurisdiction class (other than the fact that my professor, who looked like a Teutonic version of Queen lead singer Freddy Mercury, wore the world's tightest jeans). But jurisdictional questions do arise in the probate context...

More on Terminating Independent Administration

Posted on September 09, 2008
I spoke about frustrations with the termination of independent administration here. A few follow-up points: 1. In the statute, a distinction is made between Wills that direct independent administration, and those that don't. If the Will directs independent administration, then supervised administration will only be allowed "if the court finds there is good cause...

Agents and Reasonable Compensation

Posted on September 08, 2008
The August 2008 edition of the Illinois Bar Journal features a discussion about reasonable compensation under a power of attorney -- here is the table of contents (I think you need to be a member to read the article). My previous post about the issue (here) is mentioned in the article.

Slayer Statute Applicable To Minors?

Posted on September 05, 2008
Here's an interesting one: Linda Damm was killed by her daughter's boyfriend, Bryan Grove. Her daughter, Tess, was 15 when she evidently helped to "plan and facilitate" her mother's murder. The question is whether Colorado's so-called "slayer statute" applies to prevent Tess Damm (a minor) from inheriting from her mother's estate...

Crazy Article Round-up

Posted on September 04, 2008
Here's a double dose of crazy for your reading pleasure: 1. Probate and Switch, by Lou Ann Anderson. My favorite part: "Attorney misconduct is rarely punished so our country is full of attorneys who will bend or break rules. These 'bottom feeders' are the vanguard flag carriers emblematic of why the general public has such disdain for the legal profession...

How to File a Will in Cook County

Posted on September 02, 2008
I've published a legal guide over at www.avvo.com on "How to File a Will in Cook County." It's available here.

For Sale: www.probateblog.com

Posted on August 30, 2008
Sorry for the shameless sales pitch, but I own the domain name www.probateblog.com. If anyone is interested in purchasing it, I've placed it for sale at www.tdnam.com. Initial bidding is $200, and there's no reserve (I will take the highest bidder as of the end of the auction, on Friday, September 5th)...

Coming Soon: Supreme Courtship

Posted on August 29, 2008
Next week I'm hoping to post my review of Christopher Buckley's new novel, Supreme Courtship. I recently mentioned Mr. Buckley's novel Boomsday in this blog, and his publisher was nice enough to send me an advance copy of his new work, which will be released September 3rd...

Mary Ellen Bendtsen Will Contest

Posted on August 28, 2008
This article tells the pretty interesting story of a Will contest. Some of the facts are typical of these types of cases -- a Will signed when the testator may or may not be competent, and charges of undue influence. But there are also some twists (the testator is a former model, the main asset is a crumbling mansion in Dallas)...

African Americans and Heir Property

Posted on August 27, 2008
"Heir property" is a concept that's new to me -- it's a way of holding property that is somewhat common about African American farmers in the rural south. Basically, the idea is that property is held "by the family." Perhaps, in the distant past, a property was owned by one individual...

More on the Referral Problem -- ADR

Posted on June 13, 2008
I spoke yesterday about the potential conflict of interest that arises when a third party (like a financial planner or accountant) refers a lot of business to an estate planner. A similar, but perhaps more serious, problem arises in the context of alternative dispute resolution (ADR) and referrals...

Senator Clinton in Probate Court?

Posted on June 12, 2008
I've turned into a political junkie during this election cycle, but one thing I missed -- linked to recently in a post-mortem about sexism and Senator Clinton's loss to Senator Obama -- was this, from January. Evidently there's a television show called "Morning Joe," and on it someone named Mike Barnicle (the Sailor?) said of Senator Clinton: "...

Conflicts of Interest and Referrals

Posted on June 12, 2008
Probably the two biggest areas for potential conflicts of interest in estate planning are: 1. Where the estate planner represents husband and wife (I discussed this here); and 2. Where the estate planner represents multiple generations of the same family (I discussed this here)...

Wills and Provisions That Fail

Posted on June 10, 2008
I didn't start my legal career doing much estate planning; for the most part, I was a probate attorney, handling Wills that had "matured" into deceased estates. I think that's a helpful experience, as you quickly figure out from a practical perspective the difference between good provisions and provisions that fail...

Tangible Personal Property and edivvyup.com

Posted on June 06, 2008
One of the biggest little problems in probate is how to deal with tangible personal property -- furniture, clothing, furnishings, etc. left by the decedent. Most Wills leave such property "in shares of substantially equal value" to decedents -- that language recognizes that you can't divide tangible personal property in equal shares the way you divide cash equally...

Bill Murray's Prenup -- with Extra Top 5 List!

Posted on June 05, 2008
Bill Murray and his wife are getting divorced. Bill Murray and his wife signed a prenup before their 1997. If you are familiar with prenups, you know what comes next: Bill Murray's wife is challenging the validity of the prenup. Here are the details, with a copy of said prenup...

Foreign Wills

Posted on June 04, 2008
The procedure for admitting to probate a Will executed in Illinois, by an Illinois resident, is pretty simple. A wrinkle is added if the Will wasn't executed in Illinois. A typical scenario is where a person executes a Will in another state, and then moves to (and dies in) Illinois...

Jane Bryant Quinn on Prenups

Posted on June 03, 2008
Financial columnist Jane Bryant Quinn has an interesting article on newsweek.com entitled "Prenups Aren't For Sissies." It's available here. The interesting thing is that Ms. Quinn is writing about prenups from experience -- she's actually just executed one, as she is getting remarried...

Podcast #5 - The Estate Tax

Posted on May 31, 2008
MP3 File

Amending Probate Papers

Posted on May 22, 2008
Sometimes you file papers to open an estate, and then new information appears. Consider a recent case I had -- decedent left four adult children, but the executor (decedent's daughter) was unsure whether decedent had also adopted three other minor children (her wards) prior to her death...

Huck Finn and Holographic Wills

Posted on May 19, 2008
I'm rereading Mark Twain's The Adventures of Huckleberry Finn, which is great fun. In Chapter 25, Huck and Jim's traveling companions, the scam artists known as the Duke and the Dauphin, impersonate the brothers (Harvey and William) of a recently deceased rich man named Peter Wilks...

EIN PDQ FAQ

Posted on May 18, 2008
I was hoping to have a new podcast up today, but technical difficulties -- my microphone isn't working -- have prevented that. I'll try to get the problem fixed, but thought I'd address the "taxes" part of my Death & Taxes mandate by discussing EINs...

Intentional Interference with an Inheritance, and the Ellis Case

Posted on May 08, 2008
Besides an action to contest a Will, a frustrated beneficiary may attempt to proceed with a tort known as "intentional interference with an inheritance." In some cases, this may be the ONLY way in which the potential beneficiary can proceed. In the Nemeth case (425 N...

Wills with Testamentary Trusts

Posted on May 05, 2008
I usually talk about estate planning in terms of two different approaches: Simple: having a simple Will, where you give away all of your property outright vs. More involved: having what's known as a pourover Will and a separate living trust. You give your property away in your living trust -- you leave it to a trustee, who holds it for one or more beneficiaries But there's also a middle way, which involves having only a Will, but incorporating trusts into that Will...

Nabokov's Laura and the Disobedient Executor

Posted on April 28, 2008
I've talked before -- most recently, here -- about executors who don't obey the wishes of decedents, and refuse to burn their works. Vladimir Nabokov's case (which involves this scenario) has been in the news lately, in a two-part series in Slate entitled The Fate of Nabokov's Laura: Part 1 Part 2

Estate Planning 101 -- Health Directives

Posted on April 25, 2008
A discussion of Illinois health-related directives such as powers of attorney and living wills. MP3 File

Cook County Probate Procedure Changes

Posted on April 23, 2008
A couple of things involving probate in Cook County that have changed recently (or maybe I just became aware of): 1. Fee increase. It now costs $304 in fees to open a probate estate worth more than $15,000, up from $279. The entire fee schedule can be found here (as a PDF)...

John McCain: The Prenup President?

Posted on April 21, 2008
This short blog entry on Slate regarding John McCain's income taxes is interesting. Not for what it says about Senator McCain's income, but for the following: John McCain?s released two years of tax returns today to little fanfare. We learn that he earned $405,000 in 2007...

Podcast #3 - Living Trusts

Posted on April 19, 2008
This time the topic is living trusts. The music is #40 (In Yugoslav Style) from Mikrokosmos, by Bela Bartok. MP3 File

30 Rock, Dr. King, and The Estate Tax

Posted on April 18, 2008
Last night's episode of 30 Rock (still, I think, the funniest show on TV) featured TV executive Jack Donaghy (played by Alec Baldwin) trying to convince Tracy Jordan (played by Tracy Morgan) to become the celebrity voice of the Republican party. Jordan's resulting commercial, meant to appeal to what he first refers to as "blackmericans," is pretty funny: My fellow black Americans...

Will Contests and Philip Roth's The Ghost Writer

Posted on April 16, 2008
I recently finished reading Philip Roth's The Ghost Writer, which is the first book in his Zuckerman trilogy (or trilogy and epilogue, as I guess it's now known, since it contains four books and Roth evidently doesn't like the word "quartet"). It's a short but engaging work about a young novelist (Nathan Zuckerman) who pays a visit to a very well-respected older novelist (E...

The Oak Park Ban on "For Sale" Signs -- The Controversy Continues

Posted on April 12, 2008
I've complained loudly in the past about Oak Park's unconstitutional ban on "for sale" signs. The issue has arisen once again -- here are links to the present controversy: It's time to rethink For Sale signs, by Ed Messina (3/18/08) Rethink 'For Sale' signs? Think again, by Dan Lauber (3/25/08) Galewood integrated without engineering, by Ed Messina (4/1/08) No, it's not time to go back to For Sale Signs, by Kurt Hedlund (4/8/08) Galewood used OP techniques to integrate, by Kurt Hedlund (4/8/08) The most frightening thing to me about the above exchange is the editor's note at the end of Mr...

Podcast Status

Posted on April 12, 2008
A couple of things: 1. The podcasts don't take very long to record, but they take a while to write (no, for the most, I'm not improvising). I'll try to get the next one up this coming week, hopefully by Saturday at the latest. 2. You can now download the Death and Taxes podcast on iTunes...

Pleading Requirements in Will Contests, and Why Litigation Is So Expensive

Posted on April 08, 2008
Clients often ask me, "why is probate litigation so expensive?" The main reason is that the law tends to behave like an unruly beast. Some questions posed to me are easy to answer -- if you want to know the requirements for executing a valid Will in Illinois, I can give them to you...

Real Estate Transfer Taxes

Posted on April 03, 2008
Real estate transfer taxes vary greatly in the Chicagoland area. Here is a list (in PDF form). Note, however, that this list doesn't include any changes since July of 2007. For instance, it's missing the recent change (effective 4/1/08) to Chicago's transfer taxes...

Podcast #2

Posted on April 01, 2008
The topic this time is Wills. The music is Le Petit Rien (The Little Nothing), by Francois Couperin. MP3 File

Estate Planning and Boston's Freedom Trail

Posted on March 31, 2008
Last week my family visited Boston for a little spring break R&R (is it really spring break when the temp barely breaks 50? better than snow, I suppose). I'd never been to the city before, and we had a nice time visiting friends and seeing the sights along the Freedom Trail...

Some thoughts on, what is reasonable compensation?

Posted on March 28, 2008
One of the questions asked most often of me is this: "I am acting as executor (or administrator or trustee), and want to take compensation. How much compensation is appropriate?" For the most part, the law isn't helpful on this point. Most Wills and trusts talk about "reasonable compensation," language echoed in the Probate Act: Sec...

The Cronin House and Unique Real Estate

Posted on March 24, 2008
I've written before about unique real estate -- for instance, here and here. I spent Easter in my hometown (Marshall, Michigan), and found that one very unique piece of real estate is on the market for only the second time in about 100 years. It's called the Cronin House, and it's offered (here) for $1...

Powers of Attorney for College Students

Posted on March 20, 2008
Last week I was getting my teeth cleaned (no cavities -- yippee!). My dental hygienist has a college-age daughter, and one of her friends recently had a drinking "accident" (fell while drunk, and had to be hospitalized with a broken leg). Because this friend is 18 years old, his parents didn't find out about the hospitalization until their son told them (presumably he didn't want them to be surprised by the hospital bills)...

Duty to File ALL Wills?

Posted on March 18, 2008
Section 6-1(a) of the Illinois Probate Act requires that "[i]mmediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county...." It's a felony (under section 6-1(b)) to "wilfully alter[] or destroy[] a will without the direction of the testator or wilfully secrete[] it for the period of 30 days after the death of the testator is known to him...

If I Ran the Cook County Probate Court

Posted on March 17, 2008
Cook County has a pretty major backup in the probate area -- four judges now handle all decedent's estates cases. That's a lot, considering that they handle new case as well as ones that are dragging on from prior years. As a result, the timeframe for opening an estate has expanded...

Podcast #1 Notes

Posted on March 12, 2008
Podcast #1 is up and running -- see below. Here's the plan with respect to future podcasts: #2: Wills #3: Living Trusts #4: Health Directives #5: The Estate Tax #6: Simple Gifting #7: Not-so-simple Gifting #8: Probate Basics #9: Trust Administration #10: Probate and Trust Litigation I'm new to this, so comments are much appreciated...

Podcast #1

Posted on March 12, 2008
MP3 File

Housing Price Statistics

Posted on March 10, 2008
Almost three years ago -- soon after I started writing this blog -- I posted about how real estate sales statistics tend to shed more heat than light. Here's that post. This still happens in a down market, like the one we have now. Each Sunday, in a feature called Price Pulse, The Chicago Tribune real estate section runs the numbers for a different area of Chicago...

Facebook and "My Own Last Wishes"

Posted on March 09, 2008
I've been spending a lot of time on Facebook lately, as my classmates and I reconnect and make plans for the (gulp) 20th reunion of the Marshall (Michigan) High School Class of 1988, this summer or fall. As you may know, Facebook allows you to add applications to your profile page -- for photos, music, something called SuperPoke (don't ask), etc...

Down to "The Wire"

Posted on March 09, 2008
I have praised "The Wire" before (here and here) -- I think it's the best thing I've ever seen on TV. Tonight is the series finale. It will probably be impossible to understand what's going on if you are new to the show, but there's always DVD. "The Wire" isn't a law show per se -- although the show does touch on legal institutions -- but its creator and some of its writers have taken a unique legal position (known as jury nullification) in this article in Time magazine: If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented...

Update #2: Britney Spears

Posted on March 06, 2008
This is more of a cross-update. I have blogged about Ms. Spears and her prenup on a number of occasions (most recently, here and here), and I blogged about Amy Winehouse and her out-of-control behavior here. Ms. Spears has been exhibiting similar behavior, and her family actually did step in -- her father was appointed as conservator of her estate, and his position has been extended to July 31 (per this article)...

Update #1: Anna Nicole Smith

Posted on March 06, 2008
I blogged about this case previously (here and here). As this article notes, Ms. Smith's daughter Dannielynn has been named her sole heir. The interesting issue raised here is this: if you specifically disinherit someone (as Ms. Smith did -- her Will excludes descendants born after its execution), but your Will winds up not listing any valid beneficiaries (thereby creating an intestacy, with your heirs inheriting your property), can the person you disinherited take as an heir? One approach might be to consider Ms...

Podcast delays

Posted on March 04, 2008
I really am working to get a podcast up and running by early next week. Unfortunately, as I recover from bronchitis, I notice that my tones are far from dulcet -- I'm more Les Nessman than Dr. Johnny Fever or Venus Flytrap. I do, however, want to make sure that the technology works...

The Agnes Wright Case and Loans vs. Gifts

Posted on March 04, 2008
In re. Estate of Agnes H. Wright is an appellate case that deals with whether an individual's attorneys can be disqualified. The case is available here as a pdf. I'm less interested in that issue than in the issue that prompted the litigation in the first place...

The Dirty Secret about Creditors and Claims in Probate

Posted on February 28, 2008
People are often upset to hear that a deceased person's debts must be paid as part of the probate process. But the dirty little secret is this: because of the laws, and the incompetence of creditors and their attorneys, you can often avoid many debts...

What I Learned About DNA Testing

Posted on February 26, 2008
I recently had a case that involved DNA testing. My client asked me to help her prove that she was the child of a recently-deceased man (who never married my client's mother). After a lot of fits and starts, we were successful. A few things I learned during the process: 1...

A Peterson Update

Posted on February 25, 2008
Sorry I've been so bad at updating here lately! Last week our three-person family racked up three flus, bronchitis, and a double ear infection. So, to get back to "news," there's some movement in the Drew Peterson case. (You'll remember that Mr. Peterson is the Bolingbrook, Illinois police officer whose fourth wife Stacy disappeared under mysterious circumstances...

Powers of Attorney and Emergency Consent for Children

Posted on February 12, 2008
Yesterday a client called me with an issue that probably arises fairly often. Client's husband's father lives in a foreign country, and is dying. Client and her husband will go and see him for a couple of weeks, but will leave their minor children at home with a relative...

Ernest Hemingway's Parents and the Premarital Agreement

Posted on February 11, 2008
Oak Park, Illinois (the town where I live) has had its share of famous residents. But the two most famous* are Frank Lloyd Wright (whose home and studio, along with a number of other houses he designed, are here) and Ernest Hemingway (who was born here and lived here throughout his youth)...

Title Insurance, Bugs Bunny, and the Brooklyn Bridge

Posted on February 08, 2008
People buying real estate sometimes ask, "why do I need title insurance?" There are a few reasons for it, but I think the best reason is that you don't wind up in a "Bugs Bunny - Brooklyn Bridge" scenario. Do you remember that cartoon? (It's called "Bowery Bugs," and can be seen here...

Re-Opening the Estate

Posted on February 08, 2008
Drew Peterson, Chicagoland's most talkative murder suspect, is back in the news. Or, rather, his third wife, Kathleen Savio, is in the news. As you may remember, Ms. Savio "was found drowned in her bathtub shortly before the divorce settlement between her and Peterson was finalized...

Uniform Transfers to Minors Act (UTMA) FAQ

Posted on February 01, 2008
What in the world is an UTMA account? It's an account created for a minor. UTMA stands for "Uniform Transfer to Minors Act." Some states have UGMAs ("Uniform Gifts to Minors Act") instead of UTMAs. The terms UTMA and UGMA are interchangeable. How is an UTMA account established? Typically you set it up with a financial institution...

Why I Don't Keep Original Documents for My Clients

Posted on January 25, 2008
I blogged here about estate planning attorneys storing their clients' original documents. The issue came up again today on the ISBA Transactional Law listserv. I thought about my position on why I don't keep clients' original documents, and wanted to share it here...

The Return of the Death and Taxes Podcast

Posted on January 23, 2008
My friend Ellen and I did a podcast a few years ago on the Terri Schiavo case. I don't think anyone ever listened to it, and I eventually took it down. That being said, I've always wanted to revisit the world of podcasting. Probably because, when I was a kid, I wanted to be a disc jockey (or a fire truck, or a left-handed third baseman for the Cubs)...

The Petticoat Will, and Beneficiaries as Witnesses

Posted on January 22, 2008
This article is an interesting one on the use of strange documentary evidence in court. The last item mentioned is the relevant one for my purposes: MISS LILLIAN PELKEY?S PETTICOAT In Los Angeles, before the Second World War, George W. Hazeltine, 86, lay ill in hospital...

Specific Gifts and Drafting Flexibility

Posted on January 21, 2008
Most Wills and trusts I draft follow a pretty basic framework: -first, the decedent can give away specific gifts of cash and/or property, if he or she wishes; -then, the decedent disposes of the so-called "residue" of his or her estate. The residue is what's left after specific gifts are made and debts and expenses are paid...

Estate of Bantsolas: Land Trusts, Acceptance, and Probate

Posted on January 18, 2008
The Estate of Bantsolas (pdf here) case is an interesting one in that it discusses a probate issue (a citation to recover assets), land trusts, and what could almost be described as a contractual issue. The matter involved a land trust, of which a woman named Baseleky Bantsolas was the sole owner...

Chicago BlockShopper: What Fresh Hell Is This?

Posted on January 15, 2008
I first became aware of the idea of BlockShopper when a friend of mine, a partner at a big Chicago law firm, called to ask whether he could take title to his new townhome in a private manner. "What's the big deal?" I wondered. The "big deal" (as a new client informed me last evening) is Chicago BlockShopper, a site that reports on real estate transactions in the (fairly upscale) Lincoln Park and Lake View neighborhoods of Chicago...

New Developments: Small Trust Termination

Posted on January 10, 2008
Illinois has a pretty shameful history of not requiring attorneys to take continuing legal education classes. That's now changed, with some new CLE requirements. One good thing about the change is that more CLE classes, and different types of CLE classes, are being offered...

Seth Tobias and the Sex Hex?

Posted on January 09, 2008
No, that title isn't from an adult Harry Potter spinoff. Rather, it's the latest really weird installment in the Seth Tobias saga, which is detailed here. Mr. Tobias was a CNBC commentator who, according to reports, lived a pretty interesting life...

"Let Them Default"?: A (Former) Real Estate Lawyer's Response to the Lending Crisis

Posted on January 08, 2008
On December 22nd, 2007, this letter to the editor was published by the Chicago Tribune. The letter is interesting in part because it challenges the typical reportage that arises in the wake of a financial scandal. That typical reportage involves dividing the players into villains and victims, while making sure that Mr...

Good News Bad News

Posted on January 07, 2008
Happy 2008! Let me ring in the new year with good news, bad news. The Good News: As I mentioned a while back, I applied to business school. Last Thursday, I found out that I've been accepted into the University of Chicago's Graduate School of Business, to start in the evening program this summer...

Estate of Talty and Breach of Fiduciary Duty

Posted on December 21, 2007
"Fiduciary duty" is one of those concepts that's essential to probate litigation, but is somewhat hard to explain. There's no statute in Illinois that says "these things, and these things alone, constitute a breach of fiduciary duty." Instead, fiduciary duty law is cobbled together from Illinois caselaw...

Collaborative Divorce

Posted on December 20, 2007
Collaborative divorce entered my consciousness in a big way recently. First (SPOILER), it comes up in the film Juno. (Minor quibble: In Juno, the husband says something to the effect of "I spoke with our lawyer and she said she can represent both of us in a collaborative divorce...

Selling Real Estate to a Beneficiary in Probate

Posted on December 17, 2007
Here's a fairly common situation: Jack and Judy Smith die, leaving four children: Allen, Barbara, Charles, and David. Jack and Judy owned a house at the time of their death -- the same house where they raised their children. Jack and Judy had a Will, naming Allen as executor and leaving all of their property equally to their four children...

Whoopi Goldberg, The Wall Street Journal, and Estate Tax Lies

Posted on December 11, 2007
The Wall Street ran an editorial yesterday (praising anti-estate tax comments made by Whoopi Goldberg on "The View") that perfectly encapsulates the "battle" over the estate tax. Which is why I'll comment on that subject again, even though I run the risk of repeating myself...

Amy Winehouse, Drugs and Alcohol, and Guardianship

Posted on December 10, 2007
Amy Winehouse is a really talented singer -- she's popular with critics and with the public. (If you haven't tried it, you may want to check out her CD "Back to Black," in which she drags the girl group sound of the 60's into the 21st century.) Ms. Winehouse is famous for her singing and her personal style (think John Waters Baltimore with a dash of punk), but she is also becoming increasingly famous (or perhaps "infamous") for what euphemistically might be called "struggles" with alcohol and drugs...

Cincinnati Bengals Probate Fight Update

Posted on December 06, 2007
Last year I blogged about the fight over the estate of Cincinnati Bengals founder Austin E. "Dutch" Knowlton. Evidently the fight is over, and his kids lost. Here is the article. This was essentially a Will contest, involving allegations of undue influence, lack of capacity, and forgery...

Lindenwood U. and Estate Planning Conflicts of Interest

Posted on December 04, 2007
Professor Caron blogged here about an initiative of Lindenwood University, whereby alums who agree to leave the University at least $1,000 get free estate planning. As the comment to Professor Caron's post suggests, there's a pretty big conflict of interest issue here...

Gone With the Wind and Trusts

Posted on December 03, 2007
I'm working my way through Margaret Mitchell's Gone With the Wind right now -- it's so long, this may well be the last book I read this year. It's surprisingly good, though -- I was expecting a bit of a bodice ripper, but the writing is very solid, and quite evocative...

Larry King and Life Insurance Settlements

Posted on November 29, 2007
Suspenders-loving serial groom Larry King was in the news recently, in a Wall Street Journal article on life insurance settlements. The article can be found here. Note that the type of life insurance settlement mentioned in the article is not the same as a viatical settlement, which was a concept that became popular about a decade ago...

More on Missing Persons and Probate

Posted on November 29, 2007
A few things to follow up on the Steve Fossett case: 1. Eric Zorn of the Tribune discusses the case and the law, and quotes yours truly, here. 2. Juan Antunez weighs in with a nice post here about Mr. Fossett and how Florida law deals with this issue...