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List of Forms by Chapter
Chapter 1 — Creation of the Trust
II. [1.2] Various Kinds of Trusts — An Overview
III. [1.15] Establishment of the Trust
Chapter 2 — Role of the Trustee
II. Duties of the Trustee
III. Powers of the Trustee
V. How To Handle Cotrusteeships
VII. [2.64] Trustee’s Power To Decant
VIII. Compensation
IX. Change of Trustees
X. Tax Provisions Affecting the Trustee
Chapter 3 — Liability of the Trustee
Chapter 4 — Administration of the Trust: Record Keeping and Allocation of Principal and Income
I. Introduction
II. Record Keeping for Trustees
III. Allocation of Receipts and Disbursements in Trusts Between Principal and Income
Chapter 5 — Discretionary Distributions
I. Introduction
II. Planning Considerations
III. Drafting of Discretionary Power
IV. Individual Trustee Problems
Chapter 6 — Investments
II. Historical Perspective of the Prudent Man Rule
III. [6.18] Trust Investments Other than Common Stock
IV. Diversification of Investments
V. Modern Investment Techniques
VI. [6.75] Tax Considerations
Chapter 7 — Income Taxation of Trusts
II. Grantor Trusts — Internal Revenue Code §§671 – 679
III. [7.19] Taxation of Trusts — Income and Deductions
IV. [7.61] Distributable Net Income and the Distributions Deduction
V. [7.79] Multiple Trusts and the Throwback Rules
VI. [7.94] The Trust as an Estate Substitute
VII. Special Trusts and Special Assets
VIII. Other Special Issues
IX. Illinois Income Taxation of Trusts
X. [7.155] Practice and Procedure: The Fiduciary Tax Return
XI. Appendices
Chapter 8 — Termination of the Trust
II. Methods of Termination
III. Effect of Spendthrift Clauses
IV. Powers and Duties upon Termination
V. Procedure for Termination
VI. [8.30] Forms
Chapter 9 — Obtaining Assistance from the Court
III. Selection of the Proper Court —Jurisdiction
IV. Inclusion of Necessary Parties
V. [9.12] Subject Matter of Most Trust Construction Suits
Chapter 10 — Administration of Charitable Trusts
II. [10.2] Introduction and Definitions
III. Creating Charitable Trusts
IV. Income Taxation of Charitable Trusts
V. Administering Charitable Trusts
VI. Enforcement and Modification of Charitable Trusts
VII. Illinois Uniform Prudent Management of Institutional Funds Act
Chapter 11 — Trust Contests
II. Trust Contests
III. Tortious InterferenceJohn T. Brooks is a Partner at Foley & Lardner LLP in Chicago, where he focuses his practice on estate, trust, and fiduciary litigation. He has been elected by his peers for inclusion in The Best Lawyers in America since 2007 in the field of trusts and estates; was named the Chicago Litigation — Trusts and Estates Lawyer of the Year by Best Lawyers in America in 2015, 2019, and 2022; and was selected for inclusion in the 2005 – 2018 Illinois Super Lawyers and 2003 – 2022 Leading Lawyers lists. He is a member of the Chicago Bar Association and the American College of Trust and Estate Counsel. Brooks earned both his B.S. and J.D. (magna cum laude) from the University of Illinois.
William J. Butler is a Partner at McDermott Will & Emery LLP in Chicago, where he is the head of the firm’s Private Client Practice, focusing on both estate planning and probate administration matters. He has been recognized by Chambers High Net Worth 2018, Illinois and USA Nationwide: Private Wealth; Best Lawyers in America 2013 – 2019, Trusts and Estates; and Leading Lawyers Network 2010, 2015. Mr. Butler received his B.A. magna cum laude, Phi Beta Kappa, from DePauw University and his J.D. from Northwestern Pritzker School of Law.
Timothy G. Carroll is a Partner at Harrison Held Carroll & Wall, LLP, in Chicago, where he focuses his practice on estate planning, probate, and trust administration. He is a member of the Chicago Bar Association, a member of the Chicago Estate Planning Council, and a Fellow of the American College of Trust and Estate Counsel. Mr. Carroll received his B.S. from Loyola University and his J.D. from the University of Illinois College of Law, where he was a member of the law review and the Order of the Coif.
James A. Casey is a Partner at Mayer Brown LLP in Chicago, where he focuses his practice on trusts, estates, and charitable foundations. He is a member of the Bar in Illinois and Michigan and is a certified public accountant. Casey received his undergraduate degree from Western Michigan University and his J.D. from The John Marshall Law School.
No bio available.
No bio available.
Katy Crafton Fluet is a Partner at McDermott Will & Emery LLP in the Chicago and Silicon Valley, California, offices, where she focuses her practice on private clients, trusts, and estates. Fluet has been ranked for California (Northern): Private Wealth Law in Chambers High Net Worth 2020, 2021, 2022. She received her B.S. from the University of Illinois and her J.D. magna cum laude from the University of Illinois College of Law.
William R. Franzen is Counsel to ArentFox Schiff LLP in Chicago, and focuses his practice on private clients, trusts, and estates. Franzen and his coauthors were awarded PROBATE & PROPERTY's Excellence in Writing Award, Best Overall Article Probate & Trust (1999). He is a certified public accountant. Franzen received his B.A. from the University of Illinois and his J.D. magna cum laude from Syracuse University College of Law, where he was Associate Editor of the Syracuse Law Review.
Neil T. Kawashima is a Partner at McDermott Will & Emery LLP in Chicago, where he is a member of the firm’s Private Client Practice Group. He is a member of the American Bar Association and is a Fellow of the American College of Trust and Estate Counsel. Mr. Kawashima received his A.B. from the University of Chicago and his J.D. from Cornell Law School.
Laurence J. Kline is a Partner at Hoogendoorn & Talbot LLP in Chicago, where he concentrates his practice in estate planning and estate and trust administration. Mr. Kline is Past Chair of the Trust Law Committee of the Chicago Bar Association, a member of the Chicago Estate Planning Council, and the author of DISINHERITING UNCLE SAM — AN ESTATE PLANNING GUIDE FOR ILLINOIS RESIDENTS (1999). Mr. Kline received his B.S.B.A. from Northwestern University and his J.D. from the University of Michigan Law School.
Jena L. Levin is Senior Counsel to Foley & Lardner LLP in Chicago, where she focuses her practice on estate and trust litigation. She has been recognized as a Super Lawyers Rising Star — Estate and Trust Litigation (2019 – 2022) and as a Leading Lawyers Emerging Lawyer Trust & Estate Law (2015 – 2022). Levin received her B.A. with highest distinction from the University of North Carolina at Chapel Hill and her J.D. from Duke University School of Law.
No bio available.
Elise J. McGee is a Partner at McDermott Will & Emery LLP in Chicago, where her practice focuses on private client and wealth management, closely held businesses, and family office and private trust companies, as well as financial technology and blockchain. She is a Fellow of the American College of Trust and Estate Counsel, is a member of the Chicago Bar Association’s Executive Committee of the Trust Law Committee, and has been ranked in Chambers High Net Worth 2022, Illinois: Private Wealth, Up and Coming. McGee received her B.A. with honors from the University of Chicago and her J.D. from the University of Michigan Law School, where she was the Executive Editor of the Michigan Journal of Race and Law.
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.
No bio available.
No bio available.
J. Andrew P. Stone is a Partner at Kozusko Harris Vetter Wareh Duncan LLP, in Chicago, where his practice is focused on estate planning, estate administration, and wealth-transfer planning. He is a Fellow of the American College of Trust and Estate Counsel; a member of the Society of Trust and Estate Practitioners; a member of the Society of Trust and Estate Practitioners (STEP) and Past Chair of STEP’s Chicago Branch; and Past Cochair of the International Tax Planning Committee of the Section of Real Property, Trust and Estate Law of the American Bar Association. Mr. Stone received his B.A. summa cum laude, Phi Beta Kappa, from Washington University and his J.D. from Cornell Law School.
Bernard T. Wall is Of Counsel to Harrison Held Carroll & Wall, LLP, in Chicago, where his practice is focused on trusts and estates. He is a Fellow of the American College of Trust and Estate Counsel. Mr. Wall received his B.A. and J.D. from the University of Illinois, where he was a member of the Law Review and the Order of the Coif, and his LL.M. from Harvard Law School.
Rebecca Wallenfelsz is a Partner at Chapman and Cutler LLP, in Chicago, and concentrates her practice on trusts and estates. Wallenfelsz is a Fellow of the American College of Trust and Estate Counsel (2012 – present); is Past Cochair of the Probate and Fiduciary Litigation Committee of the American Bar Association — Section of Real Property, Trust and Estate Law; and has been listed by the Law Bulletin Publishing Company as one of the “40 Illinois Attorneys Under Forty to Watch.” She received her B.A. cum laude from the University of Notre Dame and her J.D. cum laude from Loyola University Chicago School of Law, where she was Lead Articles Editor for the Loyola Law Journal and Articles Editor for the Administrative Law Judges Journal.
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