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Estate Administration Fundamentals 2019 Edition

This handbook is the attorney’s guide to the areas of primary concern in estate administration.

This handbook is the attorney’s guide to the areas of primary concern in estate administration. The early chapters deal with the beginning process of administration, including filing the will, funeral arrangements, the initial meeting with the decedent’s family, life insurance, and social security and Veterans Administration benefits. Also extensively covered are the steps of opening the estate in court, such as important documents and time frames, notices, proof of will, and electronic filing. Other topics include claims against the estate, managing the decedent’s personal and real property, handling charitable bequests and trusts, ancillary administration, and attorneys’ and representatives’ fees. The handbook is full of sample language and forms to assist the attorney during the various steps of administration, including an affidavit to obtain property of nonresident decedent, a petition for probate of will and letters testamentary, a petition for authority to sell personal property, a petition for authority to sell real property, and a small estate affidavit. Also included are a guide to estate administration and a guide for executor or administrator as well as a pre-account preparation checklist and a charitable gift administration checklist.

Listing of chapters, authors (with firms hyperlinked and location — city — noted), general editor(s) (if applicable).

 

Chapter 1 — Initial Steps in Advising the Family

Thomas G. Hamill, Harrison & Held, LLP, Springfield

 

Chapter 2 — Opening the Probate Estate and Alternatives to Probate

Elizabeth Garlovsky, Lesser Lutrey Pasquesi & Howe LLP, Lake Forest, and Kim Kamin, Gresham Partners, LLC, Chicago

 

Chapter 3 — Counseling the Personal Representative, Marshaling Assets, and Inventory

Stacy E. Singer, The Northern Trust Company, Chicago

Chapter 4 — Consideration in Advising the Fiduciary After Death

David M. Lutrey and Sarah M. Barnes, Lesser Lutrey Pasquesi & Howe LLP, Lake Forest

 

Chapter 5 — Claims Against the Estate

Richard A. Campbell and Gina Oderda, Mayer Brown LLP, and Mary C. Downie, The Northern Trust Company, Chicago

 

Chapter 6 — Managing Decedent’s Personal and Real Property

Lorraine K. Cavataio and Joshua B. Hutkins, Sandberg Phoenix & von Gontard P.C., O’Fallon

 

Chapter 7 — Handling Charitable Bequests and Charitable Trusts

Timothy S. Midura and Jennifer A. Johnson, Huck Bouma PC, Wheaton

 

Chapter 8 — Planning for Death Benefits from Life Insurance and Retirement Arrangements

Patricia A. Hoke and Casey L. Twomey, Barrett, Twomey, Broom, Hughes & Hoke, LLP, Carbondale

 

Chapter 9 — Account, Report, and Distribution

Jessica L. Berger, Harrison & Held, LLP, Chicago

 

Chapter 10 — Ancillary Administration

Thomas F. Hartzell, Tucker, Hartzell & Bryant, Carthage, and Brian K. Jones, Harrison & Held, LLP, Chicago and Naples, FL

 

Chapter 11 — The Effective Use of Disclaimers in Estate Administration

Michael E. Morden, Honigman LLP, Chicago

 

Chapter 12 — Attorneys’ and Representatives’ Fees

Nicholas R. Houska, Hartweg, Turner, Wood & DeVary, P.C., Bloomington

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This handbook is the attorney’s guide to the areas of primary concern in estate administration. The early chapters deal with the beginning process of administration, including filing the will, funeral arrangements, the initial meeting with the decedent’s family, life insurance, and social security and Veterans Administration benefits. Also extensively covered are the steps of opening the estate in court, such as important documents and time frames, notices, proof of will, and electronic filing. Other topics include claims against the estate, managing the decedent’s personal and real property, handling charitable bequests and trusts, ancillary administration, and attorneys’ and representatives’ fees. The handbook is full of sample language and forms to assist the attorney during the various steps of administration, including an affidavit to obtain property of nonresident decedent, a petition for probate of will and letters testamentary, a petition for authority to sell personal property, a petition for authority to sell real property, and a small estate affidavit. Also included are a guide to estate administration and a guide for executor or administrator as well as a pre-account preparation checklist and a charitable gift administration checklist.

Listing of chapters, authors (with firms hyperlinked and location — city — noted), general editor(s) (if applicable).

 

Chapter 1 — Initial Steps in Advising the Family

Thomas G. Hamill, Harrison & Held, LLP, Springfield

 

Chapter 2 — Opening the Probate Estate and Alternatives to Probate

Elizabeth Garlovsky, Lesser Lutrey Pasquesi & Howe LLP, Lake Forest, and Kim Kamin, Gresham Partners, LLC, Chicago

 

Chapter 3 — Counseling the Personal Representative, Marshaling Assets, and Inventory

Stacy E. Singer, The Northern Trust Company, Chicago

Chapter 4 — Consideration in Advising the Fiduciary After Death

David M. Lutrey and Sarah M. Barnes, Lesser Lutrey Pasquesi & Howe LLP, Lake Forest

 

Chapter 5 — Claims Against the Estate

Richard A. Campbell and Gina Oderda, Mayer Brown LLP, and Mary C. Downie, The Northern Trust Company, Chicago

 

Chapter 6 — Managing Decedent’s Personal and Real Property

Lorraine K. Cavataio and Joshua B. Hutkins, Sandberg Phoenix & von Gontard P.C., O’Fallon

 

Chapter 7 — Handling Charitable Bequests and Charitable Trusts

Timothy S. Midura and Jennifer A. Johnson, Huck Bouma PC, Wheaton

 

Chapter 8 — Planning for Death Benefits from Life Insurance and Retirement Arrangements

Patricia A. Hoke and Casey L. Twomey, Barrett, Twomey, Broom, Hughes & Hoke, LLP, Carbondale

 

Chapter 9 — Account, Report, and Distribution

Jessica L. Berger, Harrison & Held, LLP, Chicago

 

Chapter 10 — Ancillary Administration

Thomas F. Hartzell, Tucker, Hartzell & Bryant, Carthage, and Brian K. Jones, Harrison & Held, LLP, Chicago and Naples, FL

 

Chapter 11 — The Effective Use of Disclaimers in Estate Administration

Michael E. Morden, Honigman LLP, Chicago

 

Chapter 12 — Attorneys’ and Representatives’ Fees

Nicholas R. Houska, Hartweg, Turner, Wood & DeVary, P.C., Bloomington

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