Opening the Probate Estate and Alternatives to Probate
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Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline 1
Spring 2014 Melanie Leslie – Trusts and Estates – Attack Outline Order of Operations (Will) • Problems with the will itself o Facts showing improper execution (signature, witnesses, statements, affidavits, etc.), other will challenges (Question call here is whether will should be admitted to probate) . Look out for disinherited people who have standing under the intestacy statute!! . Consider mechanisms to avoid will challenges (no contest, etc.) o Will challenges (AFTER you deal with problems in execution) . Capacity/undue influence/fraud o Attempts to reference external/unexecuted documents . Incorporation by reference . Facts of independent significance • Spot: Property/devise identified by a generic name – “all real property,” “all my stocks,” etc. • Problems with specific devises in the will o Ademption (no longer in estate) . Spot: Words of survivorship . Identity theory vs. UPC o Abatement (estate has insufficient assets) . Residuary general specific . Spot: Language opting out of the common law rule o Lapse . First! Is the devisee protected by the anti-lapse statute!?! . Opted out? Spot: Words of survivorship, etc. UPC vs. CL . If devise lapses (or doesn’t), careful about who it goes to • If saved, only one state goes to people in will of devisee, all others go to descendants • Careful if it is a class gift! Does not go to residuary unless whole class lapses • Other issues o Revocation – Express or implied? o Taxes – CL is pro rata, look for opt out, especially for big ticket things o Executor – Careful! Look out for undue -
Denotes Contested Primary Races Personal PAC Preliminary
Personal PAC Preliminary 2020 Primary Election Endorsement List As of January 14, 2020 List by Office Illinois State Senate (only seats up for election) *SD 1 – Antonio Munoz SD 16 – Jacqueline Collins *SD 40 – Patrick Joyce SD 4 – Kimberly Lightford SD 19 – Michael Hastings SD 43 – John Connor SD 7 – Heather Steans *SD 22 – Cristina Castro SD 46 – Dave Koehler *SD 10 – Robert Martwick SD 28 – Laura Murphy SD 52 – Scott Bennett SD 11 – Celina Villanueva SD 31 – Melinda Bush *SD 13 – Robert Peters SD 34 – Steve Stadelman Illinois House of Representatives *HD 1 – Aaron Ortiz *HD 31 – Mary Flowers HD 64 – Leslie Armstrong-McLeod *HD 2 – Theresa Mah *HD 32 – Andre Thapedi *HD 65 – Martha Paschke HD 4 – Delia Ramirez HD 33 – Marcus Evans *HD 66 – Suzanne Ness HD 5 – Lamont Robinson HD 34 – Nicholas Smith HD 67 – Maurice West HD 6 – Sonya Harper HD 37 – Michelle Fadeley HD 68 – Dave Vella HD 7 – Emanuel "Chris" Welch HD 38 – Debbie Meyers-Martin HD 71 – Joan Padilla HD 8 – LaShawn Ford HD 39 – Will Guzzardi HD 72 – Michael Halpin *HD 10 – Jawaharial Williams *HD 40 – Jaime Andrade HD 77 – Kathleen Willis HD 11 – Ann Williams *HD 41 – Janet Yang Rohr HD 78 – Camille Lilly *HD 12 – Sara Feigenholtz HD 42 – Ken Mejia-Beal *HD 79 – Charlene Eads HD 13 – Gregory Harris HD 43 – Anna Moeller HD 80 – Anthony DeLuca HD 14 – Kelly Cassidy HD 44 – Fred Crespo HD 81 – Anne Stava-Murray HD 15 – John D'Amico HD 45 – Diane Pappas *HD 83 – Barbara Hernandez *HD 16 – Denyse Wang Stoneback HD 46 – Deb Conroy HD 84 – Stephanie Kifowit HD 17 – Jennifer Gong-Gershowitz -
JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY of CHICAGO, ILLINOIS
(Published by the Authority of the City Council of the City of Chicago) COPY JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY of CHICAGO, ILLINOIS Inaugural Meeting -- Monday, May 20, 2019 at 10:30 AM. (Wintrust Arena -- Chicago, Illinois) OFFICIAL RECORD. LORI E. LIGHTFOOT ANDREA M. VALENCIA Mayor City Clerk 5/20/2019 INAUGURAL MEETING 1 MUSICAL PRELUDE. The Chicago Gay Men's Chorus, led by Artistic Director Jimmy Morehead, performed a series of musical selections including "World". The ensemble from the Puerto Rican Arts Alliance, led by Founder and Executive Director Carlos Hernandez-Falcon, performed a series of musical selections. The After School Matters Choir, led by Directors Daniel Henry and Jean Hendricks, performed a series of musical selections including "Bridge Over Troubled Water'' and "Rise Up". The Native American Veterans Group of Trickster Art Gallery, led by Courte Tribe and Chief Executive Officer Joseph Podlasek Ojibwe Lac Oreilles, and the Ribbon Town Drum from Pokagon Band of Potawatomi performed the ceremony dedication. The Merit School of Music, comprised of Joshua Mhoon, piano, and Steven Baloue, violin, performed a musical selection. Chicago Sinfonietta -- Project Inclusion, led by Executive Director Jim Hirsch and comprised of Danielle Taylor, violin; Fahad Awan, violin; Seth Pae, viola; and Victor Sotelo, cello, performed a series of musical selections, including "At Last" and "Chicago". INTRODUCTION OF 2019 -- 2023 CITY COUNCIL MEMBERS-ELECT. Each of the members-elect of the 2019 -- 2023 City Council of Chicago was introduced as they entered the arena. INTRODUCTION OF SPECIAL GUESTS. The following special guests were introduced: Mr. -
Confidential Relations and Unenforcible Express Trusts
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1928 Confidential Relations and Unenforcible Express Trusts George Gleason Bogert Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation George Gleason Bogert, "Confidential Relations and Unenforcible Express Trusts," 13 Cornell Law Quarterly 237 (1928). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CONFIDENTIAL RELATIONS AND UNEN- FORCIBLE EXPRESS TRUSTS GEORGE GLEASON BOGERT* It is a commonplace that courts of equity frequently base relief solely on the violation of a confidential relation. One of numerous examples of this action is to be found in the constructive trusts which are often created where a grantee has broken an oral, unenforcible promise to hold in trust for the grantor, and the grantee stood in a confidential relation to the grantor at the time of the making of the promise. The following is a typical case: A has conveyed land to B on B's oral agreement to hold it in trust for A and reconvey at A's command. A and B were in confidential relations before the deed was made. The Statute of Frauds prevents the enforcement of B's express promises. The retention of the land after setting up the Statute is not generally regarded as such inequitable conduct as to justify a decree that the holder is a constructive trustee. -
OFFICE of the STATE's ATTORNEY COOK COUNTY, ILLINOIS July 13
OFFICE OF THE STATE’S ATTORNEY COOK COUNTY, ILLINOIS KIMBERLY M. FOXX 500 RICHARD J. DALEY CENTER STATE’S ATTORNEY CHICAGO, ILLINOIS 60602 (312) 603-5440 ANTHONY O’BRIEN Direct: (312) 603-7949 ASSISTANT STATE’S ATTORNEY [email protected] CIVIL ACTIONS BUREAU July 13, 2021 CONFIDENTIAL & PRIVILEGED ATTORNEY-CLIENT COMMUNICATION VIA EMAIL ONLY Tatia C. Gibbons, Esq. Chief Legal Counsel Cook County Assessor’s Office [email protected] Re: Authority of Clerk and Treasurer in Accepting Certified Assessments Dear Ms. Gibbons: You have asked the State’s Attorney’s Office for advice on whether the Cook County Clerk or Cook County Treasurer (in her ex officio capacity as the Cook County Collector) has discretion to accept certified assessments (as equalized and adjusted for homestead exemptions) before performing their duties under the Property Tax Code. Your specific question, our conclusions, and the reasons supporting our conclusions are provided below. QUESTION PRESENTED Whether the Clerk can refuse to calculate tax rates and extend taxes (and can the Collector similarly refuse to prepare and issue tax bills) on assessments that have been certified, equalized, and adjusted for homestead exemptions? CONCLUSION Under the Property Tax Code, the Clerk lacks authority to refuse to calculate rates and extend taxes on certified assessments that have been equalized and adjusted for homestead exemptions. The Collector similarly lacks authority to refuse preparing and mailing tax bills on the same certified assessments. Their duties are ministerial and mandatory. Tatia C. Gibbons, Esq. July 13, 2021 Page 2 DISCUSSION Under the Property Tax Code, the Clerk is responsible for calculating tax rates and extending taxes against all taxable properties in Cook County. -
Cook County Recorder of Deeds Locations
Cook County Recorder Of Deeds Locations Inefficacious and super Udall butt her Hubble zings while Ludvig barricade some billman aiblins. Prentiss is sculpted and temporised generically as cannabic Sholom gouges empirically and log giusto. Unseparated and senseless Chadd marks her complements medicos footslogs and overshades damply. Full Payment Certificates City of Chicago. Il tuo contenuto verrà visualizzato a breve. Information on deeds do? Documents recorded by job title companies are returned to plot respective coach company. That email is gone long. Order to indᔕe her backing comes into your visitors like images or that you understand where the recorder of cook county deeds offices keep her as well trained cops and. At cookcountyclerkcomSearchRecordings or sane person at background of our 5 locations pre-5. Visitor analytics puts your mailing list. Press Release Reopening of Courthouse Offices Notice COVID-19 RESTRICTIONS. Please anything that relief are way a robot. Gabriel Fakhouri Cook County Recorder of Deeds Office. Cook County any Judge politicanaturaleit. Cyrus vance manhattan district of clinton and is ready to a long wait before voters will be productive and acted on. Select from premium Cook County Courthouse of the highest quality. You all evictions will have it off your illinois, car and legal education covers our law and insurance holder and real time. Your streams update multiple issues and recorder serving office locations in cook county record alerts every time someone other. Office saw the Chief hospital for the Cook County hold Court announced. By not acting, it continued a wasteful practice of paying twice for similar services. -
Getting Title out of a Trust
GETTING TITLE OUT OF A TRUST Prepared by Ward P. Graham, Esq. Vice President, Region H Counsel Stewart Title Guaranty Company For 2002 Stewart Title Guaranty Company Agency Seminar A. INTRODUCTION For purposes of this seminar, we’re going to deal with issues involving getting title out of express trusts, i.e., those created by some form of instrument. We won’t be discussing trusts arising or imposed by operation of law, such as constructive trusts and resulting trusts. Nor will we get into the world of charitable trusts or the statutory custodial-type trusts dealt with in G.L. Chapters 201C and 203B. What we will be discussing are the two basic types of trusts that you are most likely to see in your conveyancing practice, testamentary trusts (created by the will of a decedent) and inter vivos trusts under written agreements or “declarations”. Included among the latter, for purposes of our discussion relating to taking title to real estate out of a trust, are revocable trusts, irrevocable trusts and so-called “nominee” trusts (most commonly containing the words “Realty Trust” in their name and being the most common form of trust used for real estate title holding purposes). But first, let’s start with some of the basics of trust law. B. CREATION OF TRUSTS 1. The Primary Relationship: Trustee and Beneficiary. 1 To begin with, for our purposes, “No trust concerning land, except such as may arise or result by implication of law, shall be created or declared unless by a written instrument signed by the party creating or declaring the trust or by his attorney.” G.L. -
Administering Oregon Estates: 2012 Edition
Administering Oregon Estates: 2012 Edition Cosponsored by the Estate Planning and Administration Section Friday, November 16, 2012 9 a.m.–4:30 p.m. Oregon Convention Center Portland, Oregon 6 General CLE credits and .5 Ethics credit ADMINISTERING OREGON ESTATES: 2012 EDITION SECTION PLANNERS Holly N. Mitchell, Duffy Kekel LLP, Portland Jack V. Rounsefell, Attorney at Law, Gresham Katharine L. West, Wyse Kadish LLP, Portland Eric J. Wieland, Samuels Yoelin Kantor LLP, Portland OREGON STATE BAR ESTATE PLANNING AND ADMINISTRATION SECTION EXECUTIVE COMMITTEE D. Charles Mauritz, Chair Marsha Murray-Lusby, Chair-Elect Eric H. Vetterlein, Past Chair Jeffrey M. Cheyne, Treasurer Matthew Whitman, Secretary Amy E. Bilyeu Eric R. Foster Janice E. Hatton Amelia E. Heath Melanie E. Marmion Holly N. Mitchell Jeffrey G. Moore Timothy O’Rourke Ian T. Richardson Erik S. Schimmelbusch Kenneth Sherman Margaret Vining The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2012 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Administering Oregon Estates: 2012 Edition ii Table OF CONTENTS Schedule . v Faculty . vii 1A. Alternatives to Probate . 1A–i — David C. Streicher, Black Helterline LLP, Portland, Oregon 1B. Probate Jurisdiction and Procedures . 1B–i — Nikki C. -
Postelectionreport 031516.Pdf
COOK COUNTY CLERK DAVID ORR 69 W. Washington, Suite 500, Chicago, Illinois 60602 TEL (312) 603-0996 FAX (312) 603-9788 WEB cookcountyclerk.com Dear Friends: The March 15, 2016 Presidential Primary shattered modern-day records going back more than 25 years. The popularity of initiatives such as Online Voter Registration and Election Day Registration, as well as registration and voting for 17-year-olds, proved there is a great desire by voters to take part in the electoral process. This was the first presidential election to include Election Day Registration and voting by 17-year- olds who will be 18-years-old by the General Election – offerings we found to be very popular with suburban Cook County voters. This 2016 Presidential Primary Post-Election Report takes a comprehensive look at the voting totals, trends and statistics during the March primary throughout suburban Cook County. Below is a sample size of the standout primary numbers: • Voting before Election Day – by mail, or during early voting and grace period voting – accounted for 22 percent of all ballots cast in this election. • Early Voting set a new primary record with 113,641 ballots cast in a Presidential Primary. • More than 23,000 suburban Cook County voters took advantage of Election Day Registration. • Nearly 4,400 17-year-olds voted, accounting for 62 percent of the 7,085 who registered to vote. • Donald Trump won 25 of the 30 Suburban Cook County Townships, garnering his best total in Stickney Township, with 62.1 percent of the vote. • Hillary Clinton and Bernie Sanders were separated by just nine votes in Norwood Park Township (Clinton: 1,859; Sanders: 1,850). -
ELIZABETH KERR ET AL. V. LYDIA HENDERSON ET AL
09/28/2020 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE July 23, 2020 Session ELIZABETH KERR ET AL. v. LYDIA HENDERSON ET AL. Appeal from the Chancery Court for Johnson County No. 7226 John C. Rambo, Chancellor No. E2020-00112-COA-R3-CV In this case involving the inheritance of an investment account, the three plaintiffs filed a complaint in September 2016, asserting, inter alia, that a letter executed by their father prior to his 2007 death had operated to create an express trust concerning the account, for which their stepmother had acted as trustee with the understanding that the plaintiffs were to be the beneficiaries of the account after her death. The plaintiffs alternatively sought imposition of a constructive trust. The plaintiffs’ stepmother, who is the subject decedent in this action, had died in April 2016. The plaintiffs initially named as defendants the co- executors of the decedent’s estate, as well as the financial institution holding the investment account. The trial court subsequently entered agreed orders to dismiss the financial institution as a party and to substitute as defendants the decedent’s three adult children from a previous marriage. Upon competing motions for summary judgment and following a hearing, the trial court granted summary judgment in favor of the plaintiffs, finding that an express trust had been created by the writings of the plaintiffs’ father and that, alternatively, a constructive trust should be imposed based on the combined writings and actions of the plaintiffs’ father and the decedent. The defendants filed a motion to alter or amend the judgment, which the trial court denied following a hearing upon finding in part that new evidence submitted by the defendants should not be considered. -
Trusts: Express Trusts Where the Trustee Lacks Legal Title Donald J
Marquette Law Review Volume 48 Article 9 Issue 1 Summer 1964 Recent Decisions: Trusts: Express Trusts Where the Trustee Lacks Legal Title Donald J. Bauhs Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Donald J. Bauhs, Recent Decisions: Trusts: Express Trusts Where the Trustee Lacks Legal Title, 48 Marq. L. Rev. (1964). Available at: http://scholarship.law.marquette.edu/mulr/vol48/iss1/9 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MARQUETTE LAW REVIEW [Vol. 48 Trusts: Express Trusts Where the Trustee Lacks Legal Title: In Estate of Martin,' it appears from the court's statement of facts, al- though the exact terms of the wili are not set forth, that the testator had intended by his will to create a trust wherein the trustee was to have legal title to the trust assets plus a power of sale over the realty. The testator's wife was to receive the use and income from the trust assets for life, the corpus to pass to the testator's children upon the wife's death. The final decree of distribution in the probate proceedings, how- ever, transferred the property not to the trustee but to the wife, giving her the use and income thereof for life, the corpus to go to the testator's children. -
Multiple-State Estates Under the Uniform Probate Code, 27 Wash
Washington and Lee Law Review Volume 27 | Issue 1 Article 5 Spring 3-1-1970 Multiple-State Estates Under The niU form Probate Code Allan D. Vestal Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Estates and Trusts Commons Recommended Citation Allan D. Vestal, Multiple-State Estates Under The Uniform Probate Code, 27 Wash. & Lee L. Rev. 70 (1970), https://scholarlycommons.law.wlu.edu/wlulr/vol27/iss1/5 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. 70 WASHINGTON AND LEE LAW REVIEW [Vol. XXVII MULTIPLE-STATE ESTATES UNDER THE UNIFORM PROBATE CODE ALLAN D. VESTAL* I. THE UNIFORM PROBATE CODE On August 7, 1969, the National Conference of Commissioners on Uniform State Laws adopted by a vote of the states the Uniform Pro- bate Code. The following week the House of Delegates of the American Bar Association approved the Code.' In these actions a giant step forward was taken toward uniformity in probate law in the United States. Although no state has had the opportunity to consider and adopt the Uniform Code, there is reason to believe that a number of states will give serious consideration to the Code in the near future. For some time in the post World War II period various segments of the legal profession and the lay public had been dissatisfied with the methods of passing property from one generation to another.2 This had resulted in a number of probate revisions which have taken place or which have been urged.3 In the decade of the sixties impetus for re- *John F.