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List of Forms by Chapter
Chapter 1 — Initial Steps in Advising the Family
II. Arrangements for Anatomical Gifts, Autopsies, Funerals, and Disposition of Remains
III. [1.15] Informing the Family About Estate Administration
IV. [1.38] Small Estate Affidavit
V. [1.43] Estate Administration Involving the Court
VIII. Beginning Tax Issues
IX. Appendix — Sample Forms
Chapter 2 — Opening the Probate Estate and Alternatives to Probate
I. Introduction to Probate
II. [2.4] Immediate Actions Following Death
III. Initial Steps for Formal Probate
IV. [2.17] Location and Types of Probate
V. Opening the Estate in Court
VI. [2.32] Claims, Awards, Elective Shares, and Contests
VIII. Forms
Chapter 3 — Counseling the Personal Representative, Marshaling Assets, and Inventory
II. Counseling the Personal Representative
III. Attorney’s Responsibilities
IV. Collecting Information
V. [3.26] Types of Assets and How To Collect Them
VI. [3.44] Appendix — Sample Forms
Chapter 4 — Considerations in Advising the Fiduciary After Death
VI. [4.6] Fiduciary’s Duties to Beneficiary
XII. Reformation
Chapter 5 — Claims Against the Estate
II. Notification of Creditors
III. [5.18] Time Limitation for Filing Claim Against Estate
IV. Legal Requirements of Filing Claim
V. [5.27] Allowance of Claim
VI. Disallowance of Claim
VII. Contested Claims
VIII. Classification of Claims and Priority of Payment of Claims
IX. Source of Payment of Claims
X. Creditor’s Right To Pursue Its Claim
XI. [5.56] Types of Creditors’ Claims
XII. [5.73] Custodial Care Claims — Statutory and Otherwise
XIII. [5.80] Claims Based on Contracts Between Spouses
XIV. [5.84] Claims Against Nonprobate Property
XVIII. Appendix
Chapter 6 — Managing Decedent’s Personal and Real Property
I. Introduction
II. Management of Personal Property
IV. Management of Real Property
V. Management of Digital Assets of Decedent
VI. Sample Pleadings
Chapter 7 — Handling Charitable Bequests and Charitable Trusts
II. Initial Confirmations
III. [7.6] Identifying and Administering Restricted Gifts
IV. [7.13] Identifying What Estate Property Interest Is Subject of Charitable Gift
V. [7.18] Estate Tax Charitable Deduction — Internal Revenue Code §2055
VI. [7.48] Determining Charges or Allocations of Administrative Expenses and Death Taxes
VII. Income Tax Considerations
IX. Opportunities To Enhance Effects of Charitable Gift
X. Up Front: Identifying the Not-So-Obvious Traps That May Affect a Charitable Gift
XII. Appendix
Chapter 8 — Planning for Death Benefits from Life Insurance and Retirement Arrangements
II. Death Benefits Under Qualified Retirement Plans and Individual Retirement Arrangements
III. Death Benefits Under Nonqualified Deferred-Compensation Plans
VII. [8.40] Income Taxation of Life Insurance Proceeds
VIII. Nontax Issues
Chapter 9 — Account, Report, and Distribution
I. Introduction
II. Current Account and Distribution Prior to Final Account
III. Final Account — Informal Procedure
IV. Final Account — Formal Procedure
V. Independent Administration
VI. Remedies upon Representative’s Failure To Account
Chapter 10 — Ancillary Administration
I. Introduction
II. Ancillary Administration
III. Rights of Legal Representative of Nonresident Decedent and Limitation of Legal Representative of Nonresident Decedent with Respect to Illinois Personalty and Realty
IV. Duties of Legal Representative of Nonresident Decedent with Respect to Income Taxation of the Illinois Estate
Chapter 11 — The Effective Use of Disclaimers in Estate Administration
I. Introduction
II. The Federal Tax Rules
IV. Postmortem Planning with Disclaimers
V. Problem Areas in Disclaimer Planning
Chapter 12 — Attorneys’ and Representatives’ Fees
II. Attorneys’ Fees
III. Representatives’ FeesSarah M. Barnes is a Partner at Harrison, LLP, in Chicago, where she concentrates her practice in estate administration, estate planning, and trust and estate litigation. Barnes is a member of the Illinois State Bar Association and the Chicago Bar Association, where she is a member of its Probate Practice Committee. She is recognized in Best Lawyers: Ones to Watch in America (2024, 2025). Barnes received her B.A from Michigan State University and her J.D. from Chicago-Kent College of Law.
Jessica L. Berger is Of Counsel at Harrison & Held, LLP, in Chicago, and focuses her practice on private wealth services. Ms. Berger is an adjunct professor at The John Marshall Law School for the Estate and Tax LLM Program (2015 – present). She also has been selected as a Rising Star in trust and estate litigation by Super Lawyers (2017 – present) and an Emerging Lawyer by Leading Lawyers in trust, will, and estate planning (2015 – present). Ms. Berger received her J.D. from Indiana University Maurer School of Law and her B.A. from the University of Maryland.
Richard A. Campbell is a Partner at Mayer Brown LLP in Chicago, where he concentrates his practice in private clients and trusts and estates. He is a Fellow of the American College of Trust and Estate Counsel and has been selected as one of the top 100 Super Lawyers in Illinois and as one of the top 5 percent of Illinois lawyers in estate planning by the Leading Lawyers of America Network. Mr. Campbell received his B.S. summa cum laude from the University of Illinois and his J.D. from the University of Illinois College of Law, where he was Editor of the University of Illinois Law Review.
Lorraine K. Cavataio is a Shareholder at Sandberg Phoenix & von Gontard P.C., in its O’Fallon office. She focuses her practice on estate planning, estate and trust administration, litigation, business law, and real estate. Cavataio is a Certified Public Accountant and a Fellow of the American College of Trust and Estate Counsel. She has been chosen as a Super Lawyer (2015 – 2022) and is listed as part of the Estate Planning and Probate Division for Illinois. She also serves on the Board of Mackrell International, which provides international opportunities to lecture. Cavataio also is a frequent lecturer for IICLE®, local bars, and business organizations. She received her B.S. from the University of Kansas and her J.D. from the Washington University School of Law.
Mary C. Downie is Executive Vice President and Assistant General Counsel at The Northern Trust Company, in Chicago, where she advises Northern Trust, as trustee and in its corporate capacity, on complex legal, fiduciary, and regulatory issues involving trusts, decedents’ estates, and guardianship estates. She is a Fellow of the American College of Trust and Estate Counsel since 2008 and a member of the American Bankers Association. Ms. Downie received her B.A. summa cum laude from Albion College, where she was a Fellow, and her J.D. magna cum laude from the University of Illinois Chicago School of Law, where she was a member of the Law Review.
Elizabeth A. Garlovsky is a Partner at Harrison, LLP, in Chicago, where she focuses her practice on estate planning and trust administration. She is a Fellow of the American College of Trust and Estate Counsel. Garlovsky is also a member of the Board of Directors for IICLE and Cochair of the planning committee for IICLE’s annual Estate Planning Short Course. She received her B.A. from the University of Illinois Urbana-Champaign and her J.D. from Loyola University Chicago School of Law.
Thomas G. Hamill is a Partner at Harrison & Held, LLP, in Springfield, where he focuses on estate planning, probate and trust administration, gifting strategies, and business succession planning. He is a member of the Illinois State Bar Association and the Sangamon Valley Estate Planning Council. Mr. Hamill received his B.A. from the University of Illinois at Urbana-Champaign, where he was a member of Phi Beta Kappa, and his J.D. cum laude from the University of Illinois College of Law.
Thomas F. Hartzell is a Partner at Tucker, Hartzell & Bryant, in Carthage, and concentrates his practice in estate planning and probate, taxation, real estate, business law, and agriculture law. He is a member of the American Bar Association, the Hancock County Bar Association, and the Agricultural Law Section Council of the Illinois State Bar Association. He has written articles for the Agricultural Law and General Practice, Solo & Small Firm Section Councils. Hartzell received his B.S. from Illinois Wesleyan University and his J.D. from the Southern Illinois University School of Law.
Patricia A. Hoke is a Partner at Barrett, Twomey, Broom, Hughes & Hoke, LLP, in Carbondale, where she focuses her practice on estate planning and administration. Hoke has been an author and speaker for many IICLE® publications and programs regarding estate planning and administration, and she previously served on IICLE’s Board of Directors. She is a member of the American Bar Association, the Illinois State Bar Association, and the Jackson County Bar Association. She received her B.S. and M.A. from Southern Illinois University, and she received her J.D. magna cum laude from the Southern Illinois University School of Law.
Nicholas R. Houska is a Partner at Wood, DeVary, Armstrong, Houska & Butts, P.C., in Bloomington, where he focuses on trusts and estates. Houska received his B.A. from the University of Illinois and his J.D. cum laude from the University of Illinois College of Law.
Joshua B. Hutkins is a Shareholder at Sandberg Phoenix & von Gontard P.C., in St. Louis and O’Fallon, where he is a member of the Business Practice Group and the Wealth Planning Team Leader. He concentrates his practice in estate planning and trust and estate administration. Hutkins received his B.A. from Lindenwood University and his J.D. from the University of Missouri — Kansas City School of Law.
Jennifer A. Johnson is a Partner at Lyons Law Group, LLC, in Downers Grove, where she focuses her practice on estate planning and estate and trust administration. She is a member of the American Bar Association, the Kane County Bar Association, and the DuPage County Bar Association. Johnson received her B.A. from Northern Illinois University, her M.A. from the University of Illinois, and her J.D. from Harvard Law School.
Brian K. Jones is a Partner at Harrison & Held, LLP, in Chicago and Naples, Florida, and concentrates his practice on estate planning and administration. Mr. Jones received the Chicago Bar Foundation’s Maurice Weigle Exceptional Young Lawyer Award (2014) and has been named by Leading Lawyers as an Emerging Lawyer (2014 – 2019) and by Super Lawyers as an Illinois Rising Star (2011 – 2013, 2015 – 2018). He earned his J.D. from The John Marshall Law School and his B.A. from Eastern Illinois University.
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.
David M. Lutrey is a Partner at Lesser Lutrey Pasquesi & Howe, LLP, in Lake Forest, where he concentrates his practice in trust and estate planning administration and litigation. He is a Fellow of the American College of Trust and Estate Counsel and a Past Chair of the Legislation Committee of the Illinois State Bar Association’s Trusts and Estates Committee. Lutrey is a Leading Lawyer and has been named a Super Lawyer since 2014. He received his B.S. from the University of Illinois, his M.B.A. from the DePaul University Kellstadt Graduate School of Management, and his J.D. from the DePaul University College of Law.
Timothy S. Midura is an attorney at Huck Bouma PC in Wheaton, where he focuses on estate planning and administration. He is also a certified public accountant. In addition to his J.D., he has an LL.M. in taxation and an undergraduate degree in accountancy and finance.
Michael E. Morden is a Partner at Honigman LLP, in Chicago, and focuses his practice on private clients. Mr. Morden received his B.A. from the University of Michigan, his LL.M. from the New York University School of Law, and his J.D. from the University of Michigan Law School.
Gina E. Oderda is a Wealth Strategist at Cresset Capital in Chicago, where she helps clients with tax and estate planning. She is a member of the Chicago Estate Planning Council and Lyric Opera’s Planned Giving Advisory Council. Ms. Oderda received her B.A. magna cum laude from Menlo College and her J.D. cum laude from Duke University School of Law.
Stacy E. Singer is the National Practice Leader for Trust & Wealth Advisory for the Northern Trust Company in Chicago. She is a Fellow and Illinois State Chair of the American College of Trust and Estate Counsel, a Past President of the Chicago Estate Planning Council, and the Secretary for IICLE® Board of Directors. Ms. Singer received her B.A. from the University of Michigan and her J.D. from the University of Michigan Law School.
Casey L. Twomeyis a founding member at Sanders & Twomey, LLC, in Marion, where she focuses on probate, estate planning, real estate, business, and eminent domain. She has been selected as a Leading Lawyers’ Emerging Lawyer (2017, 2018). She is a member of the Illinois State Bar Association and a past President of the Jackson County Bar Association. Ms. Twomey received her B.A. cum laude from Southern Illinois University and her J.D. from the Southern Illinois University School of Law.
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