Cutting Through the COVID-19 Chaos: Bullet-Proofing Your Estate Plan

David A. Baker advises clients in the areas of estate, trust, and guardianship litigation; probate, estate, trust, and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning.

David founded the firm’s Estate, Trust and Guardianship Controversy practice more than 30 years ago. He led a group of private client and litigation attorneys who, together, have 80 years of experience in this unique field, one that combines substantive property law and tax background with litigation skills. David and this group achieved attention-getting results in high-profile matters involving defense of fiduciaries in investment and general liability cases, defense of fiduciaries in will and trust contests, and other diverse matters, including the highest-exposure transfer tax litigation cases in the United States. Representative matters include the following:

• Successfully defending the corporate fiduciary managing an Indiana trust, who was subject to a $100 million investment liability claim, and achieving a no-liability outcome, following by a court order taxing the cost of the litigation to the plaintiff beneficiaries
• Successfully defending will, trust and tort claims brought against the estate of the owner of a long-standing Chicago grocery store chain, with alleged damages in excess of $100 million, including obtaining full dismissal of all claims and sanctions against the plaintiff's attorneys
• Successfully defending the surviving spouse of a Michigan decedent, in a case involving the largest federal transfer tax deficiency ever sought by the Internal Revenue Service, and ultimately preserving, in its entirety, the surviving spouse's significant share of the decedent's estate and trust

David also handles appellate cases, and was the lead counsel on 10 published opinions in the courts of Illinois, Indiana and Michigan, including Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust No. 1, 855 N.E. 2d 592 (Ind. Ct. App. 2006), a leading case on a trustee's duty to diversify investments

David has authored articles and outlines for the American College of Trust and Estate Counsel (ACTEC), the Illinois Institute of Continuing Legal Education (IICLE) and the Chicago Bar Association, as well as for the Probate and Property Journal of the American Bar Association. He is the editor and primary author of the 2002 edition of the IICLE's Handbook on Estate, Trust and Guardianship Litigation (formerly Contested Estates), which he organized, authored and edited as a new publication for IICLE. He also speaks before these organizations on topics including contested estates, trusts and guardianships, estate planning and tax litigation. In law school, David served as an associate editor and contributor of the Loyola University of Chicago Law Journal.

Frequent speaker for Chicago Bar Association, Illinois Institute on Continuing Legal Education and local Bar Associations regarding estate, trust and foundation administration and litigation involving estates, trusts, and guardianships.

Margaret E. Sanne advises ultra-high-net-worth individuals and multigenerational families, family offices, private trust companies, and corporate fiduciaries on trust and estate planning, helping them navigate complex planning and administration matters with proactive, strategic guidance.

Margaret counsels clients on all aspects of estate, gift, and charitable planning, corporate governance, and business succession strategies. She has extensive experience advising family offices and private trust companies on their unique planning needs, including structure and governance matters, succession planning, fiduciary risk management, trust and estate administration, transfer and income tax planning, and internal operations.

Additionally, Margaret advises individual and corporate fiduciaries on complex estate and trust administration, post-death administration, and probate and guardianship proceedings. She regularly represents clients in a wide range of private client disputes, including will and trust contests, beneficiary disputes, divorce-related trust issues, and tax and charitable controversies.

Toni Ann Kruse has a broad-based estate and wealth transfer planning practice in New York. She advises ultra-high net worth individuals and families on estate, gift and generation-skipping transfer tax issues, trust and estate administration, state fiduciary income tax planning, and charitable gifting, as well as contested trust and estate matters. She has significant experience working with multinational clients on structuring efficient ways to benefit US persons as well as inbound and outbound planning opportunities. Toni Ann regularly works with family companies, advising on governance and succession issues between generations; drafts and administers complex estate plans; implements leveraged lifetime wealth transfer techniques; and counsels fiduciaries in complex trust and estate administration matters, often involving various asset classes across several jurisdictions.

Toni Ann has published articles in publications such as Trusts & Estates Magazine, Bloomberg Tax, Law360, and the New York Law Journal. She regularly speaks at estate planning conferences on various topics and has been quoted in the Wall Street Journal, Forbes, and Reuters as an industry expert.