pitfalls and perils of trusts and estates€¦ · pitfalls and perils of trusts and estates seminar...

© Copyright 2017, All Rights Reserved.

Pitfalls and Perils of Trusts and Estates

Seminar Topic: This material will discuss in depth the concept of estate litigation

in Illinois courts, focusing on probate and trust litigation. We will discuss how to

get started, building a case, and avoiding pitfalls.

This material is intended to be a guide in general and is not legal advice. If you

have any specific question regarding the state of the law in any particular

jurisdiction, we recommend that you seek legal guidance relating to your particular

fact situation.

The course materials will provide the attendee with the knowledge and tools

necessary to identify the current legal trends with respect to these issues. The

course materials are designed to provide the attendee with current law, impending

issues and future trends that can be applied in practical situations.

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Copyright © 2017

Printed in the United States of America. All rights reserved. No part of this monograph may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, except for citation within legal documents filed with a tribunal, without permission in writing from the publisher.

Disclaimer: The views expressed herein are not a legal opinion. Every fact situation is different and the reader is encouraged to seek legal advice for their particular situation.

The Apex Jurist, www.ApexJurst.com is Published by ApexCLE, Inc.

www.ApexCLE.com

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Mount Prospect, Illinois 60056

Ordering Information:

Copies of this monograph may be ordered direct from the publisher for $64.95 plus $4.25 shipping and handling. Please enclose your check or money order and shipping information. For educational, government or multiple copy pricing, please contact the publisher.

Library of Congress Cataloging-in-Publication Data

ApexCLE, Inc.

1. ApexCLE, Inc. 2. Law-United States – Guide-books.

3. Legal Guide 4. Legal Education.


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About the Author and Presenter

Mildred “Millie” Palmer

Mildred “Millie” Palmer is a partner with the law firm of Waltz, Palmer &

Dawson, LLC, a solely woman-owned WBE certified law firm with practices concentrating in the areas of Estates, Trusts and Guardianship, Business and Employment Law, Commercial Real Estate and Commercial Litigation and Family Law.

Millie graduated cum laude from the University of Florida College of Law in 1990, (Go Gators!) with a concentration in taxation and estate planning. As a tax attorney, Millie worked in a number of areas, including taxation, charitable giving, corporate law and estate planning. During this time she also served as the American Bar Association Young Lawyers Division’s Tax Law Chair and as a CNN tax law correspondent.

Millie’s practice is now divided into four areas: Estate planning, wills and trusts, probate, and estate and trust administration. Under her direction, the estates group of WPD has developed a successful contested estates and guardianship practice.

Author: Mildred V. Palmer

Author’s Website: Waltz, Palmer & Dawson, LLC

Author’s Phone: 847-253-8800

Author’s Fax: 847-253-8822

Author’s Email: [email protected]



Table of Contents

Contents

Table of Contents ............................................................................................ 4 Timed Agenda: ............................................................................................ 5

Pitfalls and Perils of Trusts and Estates ........................................................... 7



Timed Agenda:

Time Description

00:00:00 Program Start

00:00:36 Presenter Introduction

00:01:26 Pitfalls and Perils of Trusts and Estates

00:02:09 The Intake Meeting

00:03:11 Who Should Attend?

00:04:39 Learn the Story

00:06:03 Family Structure: Asset Structure

00:08:01 Review the Cause of Action

00:12:45 Pre-Death Actions

00:15:08 Asset Recovery: Forensic Accounting

00:17:25 Joint Accounts

00:24:33 Lifetime Gifting to Spouses

00:27:01 Controlling Assets

00:29:14 Changes to the Estate Plan

00:31:19 Who Attended the Planning Meeting?

00:34:41 After Death: Challenges to the Estate/Trust

00:35:56 Know the Right Venue

00:39:45 Standing



00:41:41 Prepare for Attack: Know Your Enemy

00:42:45 Undue Influence

00:46:37 Invalid Documents

00:48:45 In Terrorem Clauses

00:50:22 Capacity: A Roller Coaster Ride

00:52:58 Capacity to Sign Documents

00:55:41 Capacity: To Sign or Not To Sign?

00:56:33 Removal of Executor/Administrator

01:00:03 Challenges to the Accounting

01:02:12 Duties of Care and Loyalty and Conflicts of Interest

01:06:57 Conclusion

01:07:25 End



Pitfalls and Perils of Trusts and Estates
