Good morning! I just successfully opened (by video hearing) an intestate probate estate in Cook Co. with just over 100 heirs. Any probate attys out there have that # beat? Just need to check the stamp drawer to send all those notices!
NEW Cook County Probate Court guidance on court procedures. Non-emergency Zoom hearings begin June 29; in-person court begin July 6 (with Zoom hearings also to continue until further notice). Latest Probate Court Orders here:
http://www.cookcountycourt.org/Portals/0/Probate%20Division/General%20Administrative%20Orders/6_23_20%202020-08%20Final%20Virtual%20Hearings.pdf?ver=2020-06-24-100931-967
http://www.cookcountycourt.org/Portals/0/Probate%20Division/General%20Administrative%20Orders/6_23_20%20Final%20Zoom%20Procedures.pdf?ver=2020-06-24-100953-103
"The Internal Revenue Service said individuals who got a $1,200 stimulus payment intended for someone who’s deceased or incarcerated should return the money but left open the question of how the agency would enforce that."
https://www.accountingtoday.com/articles/irs-tells-family-members-of-deceased-to-return-stimulus-money?utm_campaign=accountingtoday-tw&utm_medium=social&utm_source=twitter&utm_content=socialflow
Q: What happens with stimulus payment issued to a deceased individual?
IRS: Hmmmm, good question. Let me get back to you on that.
https://www.cnbc.com/2020/04/17/irs-sends-coronavirus-stimulus-checks-to-dead-people.html
Had my first Cook County probate court video hearing this morning (currently only for "emergency" matters). Sure would be nice to have this option going forward for all matters except for hearings requiring witnesses.
IRS Notice 2020-23 provides broad deadline relief postponing most tax filings and payments, including estate tax, until July 15.
https://www.journalofaccountancy.com/news/2020/apr/irs-coronavirus-related-tax-relief.html
Cook County Probate Order re: rescheduling matters after May 18 and emergency video hearings in the interim.
http://www.cookcountycourt.org/Portals/0/Probate%20Division/General%20Administrative%20Orders/2020-01%20Final%20Emergency%20Order.pdf?ver=2020-04-09-164608-590
On March 30, Cook County Circuit Court updated its Order closing court for most non-emergency matters until after May 18, 2020; starting April 16, to the extent possible, hearings are to be held by phone or video conference.
http://www.cookcountycourt.org/Portals/0/Order%203-30-20.pdf
Required Minimum Distributions (RMD) from retirement accounts (401k, IRA, etc.) suspended for 2020.
https://www.forbes.com/sites/ashleaebeling/2020/03/27/congress-suspends-required-minimum-distributions-for-401ks-and-iras-for-2020-opening-window-to-tax-savings/#bb501b12cb69
NEW! Illinois Executive Order enacted March 26, 2020 allows video-audio notarization and witnessing, with many requirements and conditions. Applies during the duration of the Disaster Declaration. Read the Order:
https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-14.aspx
"Guidelines" for remote notaries under the new, and temporary, Executive Order.
https://www.cyberdriveillinois.com/departments/index/notary/electronicnotary0320.pdf
Watch this page for Illinois Executive Orders signed by Governor Pritzker. I would anticipate many more in the coming days.
https://www2.illinois.gov/Pages/government/execorders/executive-orders.aspx#y2020
Cook County Recorder of Deeds is closed, but e-recording remains available.
https://cookrecorder.com/wp-content/uploads/2020/03/Recorder-of-Deeds-Public-Notice.pdf
Illinois State Bar Association page for aggregated judicial information re: court closures and orders in response to COVID-19.
https://www.isba.org/covid19/judicialinfo
Here is Illinois' "Stay At Home" Order. Many exceptions, including legal services.
https://www2.illinois.gov/Documents/ExecOrders/2020/ExecutiveOrder-2020-10.pdf
New Blog Post: https://www.illinoisestateplan.com/message-to-clients-re-coronavirus-impact/
Wow! Cook County courts (mostly) closed through April 15.
https://wgntv.com/news/coronavirus/many-criminal-civil-cases-in-circuit-court-of-cook-county-postponed-for-30-days/
I am here for my estate planning and probate clients. While I intend to keep regular business hours, you can always call me and leave a message. I receive voicemails via email, so I will call you back from home if needed. Much work can be accomplished via phone, email, web, etc.
NEW BLOG POST!
The 2020 "Secure Act" is a Game Changer for Retirement Account Planning (Part 1 of 2) https://www.illinoisestateplan.com/the-2020-secure-act-is-a-game-changer-for-retirement-account-planning-part-1-of-2/ via @JeffGottliebLaw
Congress set to pass "SECURE ACT" before year-end and eff. 1/1/20. This is a complete overhaul of the post-death IRA distribution rules and will have significant impact on IRA beneficiary planning and administration. https://www.forbes.com/sites/jamiehopkins/2019/12/16/congress-passes-secure-act-at-last-minute-impacting-retirement-planning-and-increasing-taxes/#54bcc61b3a4f
Your Digital Estate Plan: 4 Things You Need To Know
https://wealth.northerntrust.com/articles/your-digital-estate-plan-4-things-you-need-to-know/ via @NTWealth
I'm keeping an eye on the "SECURE ACT." If enacted, it would dramatically impact estate plans for anyone with retirement accounts (i.e. everyone) by changing the stretch IRA rules.
https://www.forbes.com/sites/bobcarlson/2019/05/26/congress-is-making-big-changes-in-retirement-planning/#7a46b298227d
Appellate court says Cook County can bar petitioners for letters of administration in probate from proceeding on a pro se basis. Note that there is a dissenting opinion. http://www.illinoiscourts.gov/Opinions/AppellateCourt/2019/1stDistrict/1180805.pdf
Nice article in NYT on the estate planning process...
https://nyti.ms/2uNAUwO
New Blog Post!
Estate Tax Reform: Top 5 Takeaways
https://www.illinoisestateplan.com/estate-tax-reform-top-5-takeaways/
2018 Summary of Estate, Gift and GST Taxes under #TCJA:
https://www.illinoisestateplan.com/2018-estate-tax-summary/
Effective today, substantially reduced Illinois LLC filing fees:
Filing fee $150 (was $500)
Annual Report $75 (was $250)
Reserved Named Application $25 (was $300)
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0571
Federal Estate, Gift & GST Exemption:
2018-2025: $11.18 million (inflation-indexed after 2018)
2026: $5+ million (plus inflation-indexed)
Illinois Estate Tax:
2018 & after: $4 million (not inflation-indexed & not portable b/w spouses)
Annual Gift Tax Exemption 2018: $15,000
Summary/charts from Northern Trust on the "Tax Cuts and Jobs Act": https://www.northerntrust.com/insights-research/detail?c=c6f940209cb783cc86b19dd29aa0c861
Jury returns $8 billion punitive damages verdict against JPMorgan for mismanagement as administrator of a $19 million Texas intestate estate. Yes, 8 Billion dollars. With a B.
https://www.bloomberg.com/news/articles/2017-11-11/jpmorgan-says-family-awarded-8-billion-verdict-deserves-nothing
Why it’s so difficult to deal with a dead loved one’s digital accounts: http://www.slate.com/articles/technology/future_tense/2017/11/the_digital_afterlife_is_a_mess.html?wpsrc=sh_all_dt_tw_top via @slate
3rd Dist.: Dismissal of trust contest is reversed where disinherited children plead minimum facts sufficient to allege a cause of action for presumptive undue influence.
Fairly common set of basic facts here.
http://illinoiscourts.gov/Opinions/AppellateCourt/2017/3rdDistrict/3160402.pdf
Parentage Act statute of limitations applies to presumed parentage challenge within probate heirship order. http://illinoiscourts.gov/Opinions/AppellateCourt/2017/2ndDistrict/2160723.pdf
Governor rejects treasurer’s unclaimed life insurance plan http://wtax.com/news/101101-governor-rejects-treasurers-unclaimed-life-insurance-plan/#sthash.piolZxwR.uxfs via @wtax
Any followers attending my NBI seminar "The Probate Process from Start to Finish" on 8/30 in Schaumburg? http://www.nbi-sems.com/Details.aspx/R-76246ER%7C?ctname=SPKEM
Good reminder!
Tell Your Clients It's Not Too Late for a Portability Election http://www.wealthmanagement.com/estate-planning/tell-your-clients-its-not-too-late-portability-election
Bad things happen when trustee for minors commingles assets & fails to provide accounting (Est of Lee 3rd Dist.)
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/3rdDistrict/3150651.pdf
Illinois enacts Revised Uniform Unclaimed Property Act, effective 1-1-18. http://www.ilga.gov/legislation/publicacts/100/PDF/100-0022.pdf
Litigation over whether a general bequest can be "funded" by 'zero-value' assets. It can't. Much ado about 'zero'? http://www.illinoiscourts.gov/R23_Orders/AppellateCourt/2017/1stDistrict/1160288_R23.pdf
Once surviving spouse files renunciation of will, his/her subsequent death does not invalidate the renunciation. http://illinoiscourts.gov/Opinions/AppellateCourt/2017/2ndDistrict/2160889.pdf
Five Planning Questions for Single Parents http://www.wealthmanagement.com/estate-planning/five-planning-questions-single-parents/gallery?slide=1
Doctrine of election inapplicable to challenge that amendment created by POA agent was void as exceeding authority. http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/2ndDistrict/2160690.pdf
New Blog Post: Big News! IRS Extends Portability Election Deadline For Estates Since 2011. http://www.illinoisestateplan.com/big-news-irs-extends-portability-election-deadline-for-estates-since-2011/
#estatetax #DSUE
Big News! Until 1/2/18, IRS will allow estate tax portability election for estates since 2011. Blog post tomorrow. https://www.irs.gov/pub/irs-drop/rp-17-34.pdf
Had a blast today at the Palatine Hills Golf Classic for SLSF benefiting @NWSRA.
IL Sup Ct: Successor agent does not have fiduciary duties of "agent" under IL POA Act (Est. of Shelton). http://www.illinoiscourts.gov/Opinions/SupremeCourt/2017/121199.pdf
17 years ago today. Seems like yesterday. Well, no, not really.
Proposal to compel life insurance companies to pay death benefits dating back to 1996 passes Illinois house. https://www.riverbender.com/articles/details/frerichs-proposal-to-compel-life-insurance-companies-to-pay-death-benefits-dating-back-to-1996-passes-illinois-house-20239.cfm
New Blog Post
New Illinois Laws for 2017, Part 3: Real Property, Disability & More
http://www.illinoisestateplan.com/new-illinois-laws-for-2017-part-3-real-property-disability-more/
New Blog Post:
New Illinois Laws for 2017, Part 2: Unclaimed and Abandoned Property
http://www.illinoisestateplan.com/new-illinois-laws-for-2017-part-2-unclaimed-and-abandoned-property/