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List of Forms by Chapter
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
II. Accountings of an Estate’s Representative
III. [4.12] Accounts of a Trustee
IV. [4.18] Accounts of an Agent Acting Under a Power of Attorney
V. [4.24] Accounts of a Guardianship Estate
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 — Construing and Modifying Wills and Irrevocable Trusts
II. [6.2] Construction
III. Reformation
V. [6.53] Decanting
VI. Other Types of Trust Modification
VIII. [6.66] Trust Termination
IX. [6.83] Judicial Revocation
X. [6.86] 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] Breaches, Remedies, and Damages
VI. [7.47] Defenses/Litigation Issues
VII. [7.58] Alternative Dispute Resolution Options
VIII. Termination of Fiduciary Relationship
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
II. [11.2] Subject-Matter Jurisdiction
III. [11.8] Personal Jurisdiction
V. Standing of Petitioner
VIII. Counterclaims
IX. [11.21] Statute of Limitations
XI. [11.28] Burden of Proof
XII. Applicability of Dead-Man’s Act
XIII. Procedure on Citation To Discover
XIV. [11.49] Procedure on Citation To Recover
XV. Appeal from the Trial Court
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 Person with a Disability or Modification of Guardianship
X. Fees and Compensation in Adults with Disabilities’ 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
IV. Estate 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. [17.104] 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. [18.23] Fees in Disputed CasesJohn 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.
James R. Carey is a Partner at Levin Schreder & Carey, Ltd., in Chicago, where he focuses on trust and estate litigation. He is a member of the American Bar Association’s Real Property, Trust and Estate Law Section, where he is a former Chair of the Probate and Trust Litigation Committee, and a former Chair of the Chicago Bar Association’s Probate Practice Committee. Mr. Carey received his B.A. from Marquette University and his J.D. from Loyola University Chicago School of Law.
Leslie J. Carter is an associate at Sidley Austin LLP in Chicago, where he practices in the Private Clients, Trusts and Estates Group. His practice involves estate planning, trust and estate administration, and related tax matters. Mr. Carter received his B.S. magna cum laude from the University of Scranton, his M.S. from Vanderbilt University (National Science Foundation Research Fellowship), and his J.D. from the University of Chicago Law School, where he was a Burton and Adrienne Glazov Scholar.
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.
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.
Jeanette Suarez Hunter is a Partner at McDermott Will & Schulte, in Chicago, where she focuses on tax, business, succession planning, and charitable-giving matters. She has been recognized in the Chambers High Net Worth Guide for Illinois Private Wealth Law (2023 – 2027) and by Best Lawyers in America for Trusts and Estates (2018 – 2026). She is a member of the Chicago Estate Planning Council and a Fellow of the American College of Trust and Estate Counsel. Hunter received her B.B.A. magna cum laude and with honors from the University of Georgia and her J.D. cum laude from the Northwestern University Pritzker School of Law.
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.
Jessica R. Krull is an associate at Sidley Austin LLP in Chicago, where she practices in the Private Clients, Trusts and Estates Group. Her practice involves estate planning, trust and estate administration, and related tax matters. Ms. Krull received her B.A. from Northwestern University, M.A. from Loyola Marymount University, M.B.A. from the University of Chicago Booth School of Business (with a focus on statistics and managerial effectiveness), and J.D. from the University of Chicago Law School.
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.
Robin Drey Maher is a Partner at Levenfeld Pearlstein, LLC, in Chicago, where she focuses on trust and estate litigation and private wealth disputes. She is a Fellow of the American College of Trust and Estate Counsel. In 2026, she was ranked “Band 1” in the Chambers High Net Worth Guide for Illinois Private Wealth Disputes, and she was recognized by Best Lawyers in America for 2027. Maher received her B.A. cum laude from Simpson College and her J.D. from the University of Iowa College of Law, where she was elected to the Order of the Coif.
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.
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.
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.
James R. Pranger is a Member at James Pranger Associates LLC, in Chicago, where he concentrates his practice in probate litigation. Pranger received his B.A. magna cum laude in the Honors Program at Loyola University Chicago and his J.D. cum laude from the University of Illinois College of Law.
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.
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.
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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