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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, where she advises Northern Trust’s wealth advisory partners on issues concerning trusts and estates. She was previously a Partner with Seyfarth Shaw LLP. She has spoken on estate planning and tax topics at such venues as IICLE® and the Chicago Bar Association. 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 an associate with Levenfeld Pearlstein, LLC, in Chicago, where she concentrates her practice on commercial litigation. Ms. Burns 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. from Eastern Illinois University and her J.D. from Chicago-Kent College of Law.
William A. Ensing
William A. Ensing
William A. Ensing, of Ensing Law Firm, Ltd., in Lake Forest, concentrates his practice in providing international and domestic estate and asset protection planning. Mr. Ensing is a two-time Past Chair and the current Cochair of the Chicago Bar Association Asset Protection Committee and is a member of WealthCounsel, the Offshore Institute, the Sovereign Society, and the Society of Trust Practitioners, and 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 the Monahan Law Group, LLC, in Chicago, a law firm focused on guardianship, estate planning, elder law, 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. She is a Fellow of the American College of Trust and Estate Counsel and serves on the Editorial Advisory Board of Trusts and Estates Magazine, as an adjunct professor at the Northwestern University Pritzker School of Law where she was awarded the William M. Trumbull Lectureship, and as an officer on the Board of Directors for 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 an associate at Daluga, Boland & Montgomery, LLC, in Chicago, where he concentrates his practice in estate and tax planning. Mr. Kriz is a member of the Chicago Estate Planning Counsel. He received his B.A. from the University of Illinois, his LLM from Northwestern University, and his J.D. from The John Marshall Law School.
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 a Partner/Member at Daluga Boland & Montgomery LLC in Chicago, where she focuses her practice on estate planning and administration. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor in the Northwestern LLM Tax Program. Ms. Montgomery received her B.A. magna cum laude, Phi Beta Kappa, from the University of Southern California and her J.D. from Stanford Law School.
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 associate at Monahan Law Group, LLC, in Chicago, where her work is focused on guardianships, elder law, and mental health. She is a yearly presenter on Illinois Mental Health and the Law for PESI, a member of the Chicago Bar Association and former Chair of the CBA Mental Health and Disability Law Committee, and an M-Team Member of the PLOWS Council on Aging. Ms. Orlando received her B.S. from Illinois State University, where she was on the Dean’s List, and her J.D. from The John Marshall Law School, where she was 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
Ronald Schreiber is a Partner in the Chicago office of Seyfarth Shaw LLP and concentrates his practice in all aspects of estate planning and estate and trust administration. Mr. Schreiber also has extensive experience with business succession planning, planning for disability, charitable planning, generation-skipping tax planning, prenuptial agreements, and guardianships for minors and disabled adults. He is a member of the Chicago Estate Planning Council and the Chicago and New York State Bar Associations. Mr. Schreiber received his B.A. magna cum laude from Queens College of the City University of New York and his J.D. from the University of Chicago Law School.
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteeg
Elizabeth B. Vandesteeg is a Partner with Sugar Felsenthal Grais & Helsinger LLP, in Chicago, and concentrates her practice in the areas of bankruptcy, commercial litigation, and date security and privacy. Ms. Vandesteeg is a Board member of the IWIRC Chicago Network, and she has been named to the 40 Under 40 list of the American Bankruptcy Institute, the Chicago Daily Law Bulletin, and Chicago Lawyer. 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 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 2018 Edition