Representing Clients with Diminished Capacity-Litigating Disputed Estates and Trusts

Topics covered in this session will include successor trustees; use of tenancy by the entirety for assets in trust and when court orders are required for dispositions by personal representatives.

Discuss legal and practical concerns relating to the determination of an Illinois court’s jurisdiction over out-of-state trust property, trustees, and beneficiaries. Topics will include the distinction between, and necessity for, in rem and in personam jurisdiction, relevant statutes and constitutional law. Practical solutions, pitfalls and the Illinois Trust Code will be discussed.

What happens to claims made against a decedent’s estate when probate is not open, but the decedent had a fully funded revocable trust? Can creditors reach the assets of the revocable trust and what is the process from both the creditor’s perspective and the estate’s perspective? Get an in depth look at applicable provisions of Article 5 of the Illinois Trust Code, and how to properly evaluate different types of claims against the decedent’s estate and trust.