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Table of Contents

List of Forms by Chapter

Chapter 1 — Why Is Asset Protection Planning Important?

Chapter 2 — Practical and Ethical Considerations

Chapter 3 — Fraudulent Transfers

Chapter 4 — Bankruptcy Issues Under the Bankruptcy Abuse Prevention and Consumer Protection Act

Chapter 5 — Protecting Family Assets

Chapter 6 — Drafting Considerations for Trusts

Chapter 7 — Planning for Exempt Assets

Chapter 8 — Protecting Business Assets

Chapter 9 — Asset Protection During Estate and Trust Administration

Chapter 10 — Domestic Asset Protection Trusts

Chapter 11 — Using Offshore Trusts for Asset Protection Planning

Authors

Jeffrey M. Bergman
Jeffrey M. Bergman
Jeffrey M. Bergman is a trust counsel for Charles Schwab Bank, in Chicago, where he concentrates on trust administration and taxation. Mr. Bergman is a member of the American Bar Association’s Section of Real Property, Trust and Estate Law, and the Chicago Estate Planning Council. He is also an adjunct professor at Northwestern University Pritzker School of Law. Mr. Bergman received his B.A. with honors from Grinnell College and his J.D. from the University of Chicago Law School.
Kathleen Eggers Buchar
Kathleen Eggers Buchar
Kathleen Eggers Buchar is Senior Vice President and Senior Legal Counsel at The Northern Trust Company’s Chicago office and is a member of its Trust Counsel Practice Group. She is a member of the Chicago Bar Association and the American Bar Association’s Real Property, Trust and Estate Section, and is speaker on trusts and estate topics for IICLE, the Chicago Estate Planning Council, and the CBA. She received her B.S. magna cum laude from Truman State University and her J.D. cum laude from the University of Michigan Law School.
Jamie L. Burns
Jamie L. Burns
Jamie L. Burns is Senior Counsel with Levenfeld Pearlstein, LLC, in Chicago, where she concentrates her practice on commercial litigation. Ms. Burns has been named an Emerging Lawyer by the Leading Lawyers Network and is a member of the International Women’s Insolvency & Restructuring Confederation. Prior to joining Levenfeld Pearlstein, Ms. Burns served as outside counsel to a large national bank. She received her B.A. magna cum laude from Eastern Illinois University and her J.D. from Chicago-Kent College of Law, Illinois Institute of Technology.
William A. Ensing
William A. Ensing
William A. Ensing, of Buckley Fine, LLC, in Barrington, concentrates his practice in providing international and domestic estate and asset protection planning. Mr. Ensing is a two-time Past Chair and Cochair of the Chicago Bar Association Asset Protection Committee and is or has been a member of WealthCounsel, the Offshore Institute, the Sovereign Society, and the Society of Trust Practitioners as well as the Chicago, Lake County, Illinois State, and American Bar Associations. He received his B.A. from Lake Forest College and his J.D. from IIT-Chicago Kent College of Law.
Margot Gordon
Margot Gordon
Margot Gordon is Of Counsel to Monahan Law Group, LLC, in Chicago, a law firm focused on guardianship, estate planning, estate and trust administration, and mental health and disability law, where she concentrates her practice in estate planning and guardianship. Ms. Gordon has extensive experience handling the full range of estate planning matters for both high-net-worth and smaller clients, including planning for business succession, special needs, and charitable purposes and handling trust and estate administration. She also routinely represents corporate and individual trustees, trust beneficiaries, guardians, and agents. Ms. Gordon was the first attorney to obtain authority to engage in estate planning in a minor’s guardianship matter in Cook County. Prior to entering private practice, she was a staff attorney at the Cook County Public Guardian’s Office, where she represented abused and neglected children, handled appeals in both state and federal appellate court, and represented the Public Guardian in matters involving adults with a disability. She has written predominantly on issues related to estate planning in guardianship matters for IICLE^®, the CBA Record, the Illinois Bar Journal, and Illinois Bar Section Newsletters. She is also a member of the Chicago Estate Planning Council. Ms. Gordon received her B.A. from the University of California San Diego and her J.D. from the University of Chicago Law School.
Kim Kamin
Kim Kamin
Kim Kamin is the Principal and Chief Wealth Strategist Member at Gresham Partners, LLC, in Chicago. She leads the development and implementation of estate, wealth transfer, philanthropic, educational, and fiduciary planning activities. Ms. Kamin is a Regent of the American College of Trust and Estate Counsel, serves on the Editorial Advisory Board of Trusts and Estates Magazine, is an adjunct professor at the Northwestern University Pritzker School of Law, where she was awarded the William M. Trumbull Lectureship, and is Past President of the Chicago Estate Planning Council. Ms. Kamin received her B.A. with distinction and departmental honors from Stanford University and her J.D. from the University of Chicago Law School.
Steven L. Kriz
Steven L. Kriz
Steven L. Kriz is a Partner at Levenfeld Pearlstein, LLC, in Chicago, where he concentrates his practice in trusts and estates. Mr. Kriz is a member of the Chicago Estate Planning Council and was named a 2022 Super Lawyers Rising Star. He received his B.A. from the University of Illinois Urbana-Champaign, his LL.M. from Northwestern University, and his J.D. from the University of Illinois Chicago.
James M. Lestikow
James M. Lestikow
James M. Lestikow is a Partner at Hinshaw & Culbertson LLP, in Springfield, where he concentrates his practice in estate planning, business transactions, and commercial real estate. He is a Fellow of the American College of Trust and Estate Counsel and has served on its Asset Protection Committee. He is the Vice Chair and a member of the Board of Directors of IICLE®. He is also a member of the American, Illinois State, and Sangamon County Bar Associations and the standing Advisory Committee to IICLE® for estate planning programming and publications. Mr. Lestikow received his B.S. from Northern Illinois University and his J.D. from the University of Illinois College of Law.
Janet Rae Montgomery
Janet Rae Montgomery
Janet Rae Montgomery is Of Counsel at Nisen & Elliott, LLC, in Chicago, where she concentrates her practice in estate planning and administration. Ms. Montgomery is a Fellow of the American College of Trust and Estate Counsel, is Past Chair of the Fiduciary Income Tax Committee, and is a member of the Chicago Estate Planning Council and member and Past President of the DuPage County Estate Planning Council. Ms. Montgomery completed her undergraduate work at the University of Southern California and at Trinity College, University of Dublin, Ireland, earned her B.A. magna cum laude and Phi Beta Kappa from USC, and earned her J.D. from Stanford Law School, where she was a member of the Law Review.
James E. Morgan
James E. Morgan
James E. Morgan is an attorney with Howard & Howard, in Chicago, where he focuses on creditors’ rights, helping clients navigate all legal issues raised by financially distressed companies. Mr. Morgan is a member of the Chicago Bar Association, the American Bankruptcy Institute, and the Turnaround Management Association. He served for many years as an Associate Editor of Litigation News (an ABA Section of Litigation publication). While in law school, he served as Assistant Editor of the Indiana Law Journal. Mr. Morgan was also an adjunct instructor of appellate advocacy at Ohio State University College of Law. Mr. Morgan received his B.S. with high distinction and departmental honors from Indiana University and his J.D. cum laude from Indiana University School of Law-Bloomington.
Amy E. Orlando
Amy E. Orlando
Amy E. Orlando is an attorney at Monahan Law Group, LLC, in Chicago, where she focuses her practice on probate, mental health, confidentiality, and healthcare law. Ms. Orlando is Past Chair (2013 – 2014) of the Chicago Bar Association’s Mental Health and Disability Law Committee and has been a presenter on Illinois mental health and the law at PESI. Ms. Orlando received her B.S. from Illinois State University and her J.D. from The John Marshall Law School, where she was the Executive Justice of the Moot Court Honors Program.
Kristen Hosack Pace
Kristen Hosack Pace
Kristen Hosack Pace is an associate at Schiff Hardin LLP, in Chicago, and concentrates her practice on trusts and estates. Ms. Pace was a judicial extern for the Honorable Michael P. McCuskey in the U.S. District Court for the Central District of Illinois and was a participant of the University of Illinois Community Preservation Clinic. She received her B.A. from Illinois Wesleyan University summa cum laude and her J.D. from the University of Illinois College of Law where she was Order of the Coif and Articles Editor for the University of Illinois Law Review and received the Rickert Award for Excellence in Academic Achievement.
Ronald Schreiber
Ronald Schreiber
RonaldSchreiberisa PartnerintheChicago officeofSeyfarthShawLLPand concentrateshispracticeintrusts and estates. Mr. Schreiberalsohas extensiveexperiencewithbusinesssuccession planning,planningfordisability, charitable planning,generation-skippingtaxplanning,prenuptial agreements, andguardianships for adults with disabilities and minors.He has been chosen as a Leading Lawyer and isamember ofthe Chicago Estate Planning Council and the Chicago and Illinois State Bar Associations. Mr.SchreiberreceivedhisB.A.magna cumlaudefromQueensCollegeof theCityUniversityof NewYorkandhisJ.D.fromtheUniversity ofChicagoLawSchool.
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteegis a Partner at Levenfeld Pearlstein, LLC, in Chicago, where she concentrates in restructuring. She is a member of the American Bankruptcy Institute, theInternational Women’s Insolvency & Restructuring Confederation, and the International Association of Privacy Professionals. Ms. Vandesteeg received her B.A. from Columbia University and her J.D. from Boston College Law School.
Sheri E. Warsh
Sheri E. Warsh
Sheri E. Warsh is a Partner at Levenfeld Pearlstein, LLC, in Chicago, and concentrates her practice on estate planning and estate and trust administration. Ms. Warsh has been named a Leading Lawyer by Leading Lawyer’s Network (2016 – 2017), named a Most Influential Women Lawyer by Crain’s Chicago Business (2017), and ranked in Chambers 2017 High Net Worth Guide, T&E Group. She received her BBA from the University of Michigan-Stephen M. Ross School of Business and her J.D. from the University of Illinois School of Law.

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Asset Protection Planning (ARCHIVED 2018 EDITION)

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Jeffrey M. Bergman

Kathleen Eggers Buchar

Jamie L. Burns

William A. Ensing

Margot Gordon

Kim Kamin

Steven L. Kriz

James M. Lestikow

Janet Rae Montgomery

James E. Morgan

Amy E. Orlando

Kristen Hosack Pace

Ronald Schreiber

Elizabeth B. Vandesteeg

Sheri E. Warsh

Asset Protection Planning (ARCHIVED 2018 EDITION)