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Chapter 1 — Will Contests
I. Preliminary Issues
II. Causes of Action
III. Defenses to Will Contests
IV. Trial and Appeal
Chapter 2 — Oral Contracts To Make Wills; Joint and Mutual Wills
II. [2.2] Oral Contracts To Make Wills
III. Joint and Mutual/Reciprocal Wills
Chapter 3 — Trust Contests
II. Trust Contests
III. Tortious Interference
Chapter 4 — Accounts in Estates and Trusts
Chapter 5 — Contested Claims Against Decedents’ Estates, Trusts, and Other Nonprobate Assets
II. [5.2] What Claims Must Be Filed in the Probate Estate
III. [5.7] Due Process and Statute of Limitations for Claims
IV. Claims Procedure
V. Contested Claims Procedure
VI. Classification of Claims and Priority of Payment of Claims
VII. [5.42] Special Types of Claims
VIII. [5.51] Claims Against Nonprobate Property
Chapter 6 — Construction, Reformation, Revocation, Early Termination, and Other Modification of Decedents’ Wills and Irrevocable Trusts
II. [6.2] Construction
III. Reformation
VI. Other Types of Trust Modification
VIII. [6.57] Trust Termination
IX. [6.74] Judicial Revocation
X. [6.77] Charitable Trusts
XI. Tax Implications of Construction, Reformation, Revocation, and Modification of Wills and Trusts
XII. Necessary Parties and Virtual Representation
XIII. Ability To Recover Attorneys’ Fees from Estate or Trust
Chapter 7 — Representing Fiduciaries in Trust and Estate Litigation
II. Fundamentals of Fiduciary Representation
III. Beginning Representation
IV. [7.27] Duties of Fiduciary
V. [7.42] Remedies and Damages
VI. [7.47] Defenses/Litigation Issues
VII. [7.58] Alternative Dispute Resolution Options
IX. [7.68] Attorneys’ Fees in Defending Fiduciary
Chapter 8 — Admission of Wills to Probate
I. Introduction
II. Admission of Wills to Probate — Process
III. Special Issues
Chapter 9 — Heirship, Adoption, and Paternity
II. Rules of Descent and Distribution
III. Establishing Heirship Initially
IV. Contesting the Order of Heirship
Chapter 10 — Statutory Rights of a Surviving Spouse
II. Spouse’s Award
III. [10.9] Intestate Decedent
IV. Testate Decedent
V. Qualified Retirement Plans
Chapter 11 — Citations To Discover/Recover Assets
Chapter 12 — Overview of the Probate Process
I. Decedent’s Estate
II. Place of Administration
III. Representative of the Estate
IV. Uncertainty Regarding Death, Heirship, and Contents of Will
V. [12.33] Uncertainty Regarding Administrative Matters
VI. Forms
Chapter 13 — Guardianship Litigation
II. Types of Guardianship
III. Issues for Consideration Prior to Filing for Guardianship
IV. Filing for Guardianship
V. Guardianship Hearing
VI. Post-Adjudication and Post-Appointment
VII. Variations on Guardianship
VIII. Removal of Guardian
IX. Restoration of Disabled Person or Modification of Guardianship
X. Fees and Compensation in Disabled Adults’ and Minors’ Estates
XI. Orders of Protection —When Appropriate To Seek
Chapter 14 — Charitable Litigation
I. The Authority of the Attorney General over Charitable Entities and Assets
II. Identification of the Charity
III. Charitable Pledges
IV. Restricted Gifts
V. [14.34] Modifying the Charitable Trust
Chapter 15 — Apportionment and Statutory Rights of Recovery
I. Apportionment of Federal Estate Tax
II. Apportionment of Illinois Estate Tax
III. Apportionment of Generation-Skipping Tax
Chapter 16 — Tax Aspects of Fiduciary Litigation
III. Gift Tax
V. Generation-Skipping Transfer Tax
VI. Income Tax
VII. [16.66] Disclaimer
IX. [16.72] Penalties
X. Treasury Department Circular No. 230
Chapter 17 — Family Settlement Agreements
II. [17.2] Positive Requirements for Valid Family Settlement Agreements
III. [17.17] Limitations on Family Settlement Agreements
IV. [17.23] Necessary Parties
VI. [17.37] Grounds for Setting Aside Family Settlement Agreements
VII. [17.43] Fiduciary Considerations
VIII. [17.47] Illinois’ Virtual Representation Statute
IX. [17.101] Miscellaneous Considerations
Chapter 18 — Attorneys’ Fees: An Assessment of the Current Standards for Fee Awards
I. Overview
II. Statutory Standard for Fees
III. Rhetoric Aside, What Are the Courts Really Doing?
IV. [18.24] Fees in Disputed CasesCAITLIN E. ABRAM (Chapter 6) is an attorney in the Private Client Group at McDermott Will & Emery in Chicago, where she focuses her practice on trusts and estates litigation. Ms. Abram has represented both fiduciaries and beneficiaries in complex trust disputes, will contests, and reformation and construction actions and is also a certified mediator. In February 2008, Ms. Abram and two of her colleagues gave a presentation at the Chicago Bar Association entitled Drafting and Administering Trusts and Estates To Avoid Fiduciary Litigation: A Practical Approach Worthy of the Grantor’s Trust, and in January 2010, Ms. Abram participated in a panel presenting the Trust and Estate Litigation Update to the Trust Committee of the Chicago Bar Association. Ms. Abram received her A.B. from the University of Michigan and her J.D. from Columbia Law School, where she was an Articles Editor for the Columbia Journal of European Law.
John 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.
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.
Michael R. Conway, Jr., is Assistant General Counsel at JPMorgan Chase Bank, NA, in Chicago, where he focuses on trusts and estates. He is a member of the American Bankers Association’s Trust Counsel Committee, for which he formerly served as Chair. Conway received his J.D. magna cum laude from the University of Illinois College 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.
No bio available.
Ryan M. Harding is a Partner in McDermott Will & Emery LLP in Chicago, where he is a member of the firm’s Private Client Practice Group. He has been named to Best Lawyers in America 2016 and to Leading Lawyers 2016. He is a member of the American College of Trust and Estate Counsel and of the American Bar Association. Mr. Harding received both his B.A. and B.B.A. cum laude from the University of Notre Dame and his J.D. cum laude from the University of Michigan Law School, where he served as an Associate Editor of the University of Michigan Journal of Law Reform.
Louis S. Harrison is a Partner at Harrison LLP, in Chicago, where his practice emphasizes solutions to complex problems, including creative structures to interfamily disputes and litigation, consideration of trust structures to provide creditor and spousal protection, postmortem tax planning, income tax planning, charitable dispositions, and gifting strategies. He is a frequent speaker before numerous groups nationwide on tax and estate planning. He has been an adjunct professor at the Northwestern University Law School, the Chicago-Kent College of Law, and the DePaul University College of Law. He has authored more than 100 published articles on a broad range of tax and estate planning subjects in legal, accounting, tax, and estate journals and periodicals. He is a Fellow of the American College of Trust and Estate Counsel (and former Illinois State Chair) and has chaired the Estate and Gift Tax Committee of the Chicago Bar Association. Mr. Harrison received his B.A. magna cum laude from Colgate University, his M.B.A. from the University of Chicago, and his J.D. with high honors from the Duke University School of Law.
James R. Hellige is a Partner at Foley & Lardner LLP, in Chicago, where he concentrates in estate planning, probate, trust law, sophisticated charitable giving, and related areas of income, gift, estate, and generation-skipping taxation. He is a member of the American College of Trust and Estate Counsel, the American Bar Association (Real Property, Trust and Estate Law Section and Section of Taxation), the Chicago Bar Association (Probate Practice Committee and Trust Law Committee), the Chicago Estate Planning Council, and the Chicago Council on Planned Giving. Mr. Hellige received his B.A. summa cum laude from Saint Mary’s University of Minnesota and his J.D. cum laude from the University of Notre Dame Law School, where he served as Associate Articles Editor for the Notre Dame Law Review.
James W. Hitzeman is a Partner and Co-Chair of Trust and Estate Litigation at Loeb & Loeb LLP in Chicago. He is a member and Past President of the Chicago Bar Association’s Probate Practice Committee. He has been recognized in the Chambers High Net Worth Guide for Illinois Private Wealth Disputes and Private Wealth Law and by Best Lawyers in America for Trusts and Estates (2013 – 2026) and Trust & Estate Litigation (2026). Hitzeman received his B.A. from the University of Illinois and his J.D. from the University of Illinois College ofLaw.
Richard C. Johnson is a Partner at Ice Miller LLP in Lisle, where he concentrates his practice in estate, trust, and guardianship controversies. Mr. Johnson has argued cases at the trial and appellate levels involving contested estate, trust, and guardianship issues in courts throughout Illinois, representing both individuals and corporate fiduciaries. He has also written and spoken on these areas. Mr. Johnson received his B.A. from DePaul University and his J.D. from The John Marshall Law School.
Ray J. Koenig III is a Member at Clark Hill PLC, in Chicago, where he concentrates his practice in trust, estate, and guardianship controversies. He is a Past President of the Chicago Bar Association and a Fellow of the American College of Trust and Estate Counsel. He was recognized by his peers in Super Lawyers as one of the Top 100 Lawyers in Illinois in 2018, 2019, 2020, 2025, and 2026. Koenig received his B.A. from Michigan State University and his J.D. from the DePaul University College of Law, where he was a member of the Appellate Moot Court Society.
Emily J. Kuo is a Partner at Harrison LLP, in Chicago, where she focuses her practice on trusts and estates. She is a Fellow of the American College of Trust and Estate Counsel and a member of the Leading Lawyers Network in Trust, Will & Estate Planning Law. Kuo received her B.S. with highest distinction from the University of North Carolina at Chapel Hill and her J.D. from the University of Chicago 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.
Elizabeth A. McKillip is a Partner at Levin Schreder & Carey Ltd., in Chicago, where she focuses on estate and trust litigation. She has been consistently recognized by both Super Lawyers and Leading Lawyers. She is a member of the DuPage County Estate Planning Council and a Fellow of the American College of Trust and Estate Counsel. McKillip received her B.A. with honors from the University of Illinois and her J.D. magna cum laude from the Loyola University Chicago School of Law.
No bio available.
Julie J. Olenn is Senior Lead Council at BMO Financial Group in Chicago, where she focuses on U.S. wealth management and fiduciary issues. She is a member of the Society of Trust and Estate Practitioners and the Chicago Estate Planning Council. Ms. Olenn received her B.A. from St. John’s College and her J.D. magna cum laude from the State University of New York — University at Buffalo School of Law, where she was Editor-in-Chief of the Buffalo Law Review.
Kerry R. Peck is a Managing Partner at Peck Ritchey, LLC, in Chicago, where he concentrates his practice in estate, trust, and guardianship litigation and administration. He is Chair of the Illinois Supreme Court Commission on Elder Law and a Past President of the Chicago Bar Association, and he has been recognized annually by Super Lawyers for over 20 years. Peck received his J.D. from the Chicago-Kent College ofLaw.
Floyd D. Perkins is a Partner at Polales Horton & Leonardi LLP, in Chicago, where he focuses on commercial litigation, trust and probate litigation, and charitable organization compliance. He has been named an Illinois Leading Lawyer (2010 – 2025). He is a member of the Illinois State Bar Association and the Illinois Trial Lawyers Association and is a certified public accountant in Illinois. Perkins received his B.S. from the University of Illinois and his J.D. and LL.M. from the John Marshall Law School.
Peggy A. Quinn is a Partner at McDermott Will & Emery LLP in Chicago, where she focuses her practice on estate, trust, and tax litigation and estate and trust administration. Ms. Quinn has represented fiduciaries and beneficiaries in litigation before courts in numerous jurisdictions, as well as in connection with out-of-court negotiations and settlements and fiduciary risk management. She received her B.S. summa cum laude from Marquette University and her J.D. cum laude from the University of Michigan Law School.
Heather E. Ross is a Partner at Ross & Zuckerman, LLP, in Northbrook, where she focuses on assisted reproductive technology law, confirmatory adoptions, related adoptions, parentage orders, gender confirmation and birth certificate corrections, and limited estate planning. She is Co-Chair of the Chicago Bar Association’s Adoption Law — Assisted Reproductive Law Committee, Past Chair of the Legal Professional Group of the American Society for Reproductive Medicine, and a Fellow of the Academy of Adoption and Assisted Reproduction Attorneys. Ross received her undergraduate degree from Indiana University and her J.D. magna cum laude from the University of Illinois College of Law.
Margaret E. Sanne is a Partner at McDermott Will & Schulte in Chicago, where she advises high-net-worth individuals, multigenerational families, family offices, private trust companies, and corporate fiduciaries on trust and estate planning, helping them navigate complex planning and administration matters with proactive, strategic guidance. She counsels clients on all aspects of estate, gift, and charitable planning, corporate governance, and business succession strategies. She has extensive experience advising family offices and private trust companies on their unique planning needs, including structure and governance matters, succession planning, fiduciary risk management, trust and estate administration, transfer and income tax planning, and internal operations. Sanne received her BA cum laude from American University and her JD magna cum laude from Loyola University of Chicago School of Law.
Suzanne L. Shier is the Wealth Planning Practice Executive and Chief Tax Strategist/Tax Counsel for wealth management at Northern Trust in Chicago and serves in the Wealth Management Operating Group. Previously, she was as a Partner at Chapman and Cutler LLP in Chicago for 26 years, leading the firm’s trusts and estates practice, representing individuals, charitable organizations, and corporate fiduciaries in a full range of wealth planning and fiduciary matters, including philanthropy, domestic and international wealth planning, and fiduciary administration. She is an adjunct professor in the Master of Laws in Taxation Program at Northwestern University School of Law. Ms. Shier has been quoted in publications such as the Wall Street Journal and Bloomberg and has received numerous professional honors and recognitions, including selection for inclusion in Best Lawyers in America in Trusts and Estates. She is also a fellow of the American College of Trust and Estate Counsel and a member of the Chicago Bar Association, Chicago Estate Planning Council, American Bar Association, International Bar Association, and International Society of Trust and Estate Practitioners. Ms. Shier received her B.A. with distinction from the University of Michigan, her J.D. cum laude from Loyola University Chicago School of Law, and her LL.M. in taxation from DePaul University College of Law.
Samantha E. Weissbluth is a Partner at Harrison LLP, in Chicago, where she focuses on trust and estate litigation. She has been recognized by Leading Lawyers (2010 – 2024) and is a Lexis Practice Advisor Expert in Estate Litigation. She is a member of the Chicago Bar Association and the Illinois State Bar Association. Weissbluth received her B.A. from Northwestern University and her J.D. from the Northwestern University Pritzker School of Law.
Nora E. Zuckerman is a Partner at Ross & Zuckerman, LLP, in Northbrook, where she focuses on assisted reproductive technology law, confirmatory adoptions, related adoptions, parentage orders, gender confirmation and birth certificate corrections, and limited estate planning. She is a Fellow and Board Trustee of the Academy of Adoption and Assisted Reproduction Attorneys, Co-Chair of the Chicago Bar Association’s Adoption Law — Assisted Reproductive Law Committee, and a member of the Family Law Institute of the LGBTQ+ Bar. Zuckerman received her B.A. from the University of Wisconsin — Madison and her J.D. from the Washington University School of Law.
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