Using LLCs and Trusts Together

Advanced Estate Planning Strategies for Control, Asset Protection, and Tax-Efficient Succession Planning

Jim Erwin

Principal, Erwin Law LLC

approved for 1 general CLE credit

Jim will discuss the legal and practical considerations involved in forming and administering LLCs, emphasizing how they can be used to protect assets, facilitate family business succession, centralize management of investments and real estate, and support broader estate planning objectives. He will address common drafting considerations, operational best practices, and circumstances in which LLCs may—or may not—be appropriate.

James is the founding partner of Erwin Law LLC, a Chicago firm providing legal counsel in real estate, business, and estate planning. James’ practice focuses primarily on real estate and entrepreneurial business, representing his clients in residential and commercial real estate development, investment and management as well as small to mid-size business start-up and operations guidance. A fast-growing subset of his practice is in counseling athletes in the selection, maintenance and oversight of their real estate and business investments.

James graduated from Lake Forest College in 1989 with a B.A. in Business Administration and obtained his law degree from De Paul University’s College of Law in 1992, the same year in which he was admitted to the Illinois Bar. He earned a Masters in Tax Law (LL.M.) at Chicago Kent College of Law in 1996 and was also admitted to the Bar of the United States Tax Court that year. In 1997, he was licensed to practice before the United States Supreme Court.

A member of numerous local, state and national bar associations, James is also committed to various philanthropic efforts including support and work for the Lane Tech 2nd Century Foundation, Merit School of Music and Welles Park (Chicago) Little League Baseball.

Agenda

Introduction and Roadmap; slides 1-2

Why Estate Planners Should Care About LLCs; slides 3 – 7

• The problem traditional plans leave unsolved

• How the planning toolkit has evolved

• Where LLCs fit and which clients need them

LLC Fundamentals for Estate Planners; slides 8 - 12

• Governance basics and key provisions

• Separating economic benefit from control

• Member-managed vs. manager-managed

• What an LLC does not do

The LLC + Revocable Trust Combination; slides 13 – 17

• The core structure

• Why the trust sits above the LLC

• Successor trustee vs. successor manager

• Planning for incapacity

Multi-Generational Ownership; slides 18 – 22

• Separating control from inheritance

• Passive heirs vs. active heirs

• Trusts as members

• Special considerations for trust-owned interests

Income Tax Considerations; slides 34 – 37

• Discounts vs. basis step-up

• Partnership tax issues

• Trusts as owners of taxed entities

Asset Protection Realities; slides 38 – 41

• What LLCs actually protect

• Charging orders

• Veil piercing and commingling

Privacy and High-Net-Worth Planning; slides 42 – 44

• Privacy benefits

• Delaware and Wyoming structures

• Practical limits on anonymity

Pitfalls and Best Practices; slides 45 – 48

• Common planning failures

• Practitioner checklist

• Key takeaways

Conclusion and Key Takeaways; slide 48

FALL 2026 UnProgram

Friday, October 23

New Location:

Bartlett Hills Golf Club, 800 W Oneida Avenue, Bartlett, IL

Unlike a traditional seminar, the UnProgram is an interactive, discussion-based experience where the agenda is driven by the questions, challenges, and real-world issues facing elder law attorneys today.

SUBMIT QUESTIONS HERE FOR OIG

Bring your toughest cases, practice management questions, and emerging legal issues for collaborative conversations with experienced practitioners from across Illinois. Whether you're looking for practical solutions, fresh perspectives, or simply the opportunity to connect with peers who understand the unique challenges of elder law, the UnProgram delivers valuable insights you can immediately put into practice.

This highly interactive format encourages open discussion, networking, and the exchange of ideas among attorneys with varying levels of experience. just meaningful conversations, practical takeaways, and solutions you can use in your practice.

Why Attend?

• Learn from the collective experience of your peers.
• Discuss current legal developments and challenging cases.
• Exchange practical tips and best practices.
• Expand your professional network.
• Earn CLE credit while participating in engaging discussions.

Whether you're a seasoned practitioner or new to elder law, you'll leave with new ideas, valuable resources, and stronger connections within the Illinois NAELA community.

THANK YOU FALL UNPROGRAM SPONSORS

             Lunch Sponsor                 Cocktail Happy Hour Sponsor 

Refund Policy: Full refunds are available through the Friday prior to the UnProgram. For refund requests made during the week of the event, the registration fee may be transferred and applied toward a future UnProgram.

Membership Meeting

Wednesday, November 4, 2026

12:30 PM

Attend the IL NAELA Membership Meeting - this is your opportunity to hear important updates, share your voice, and connect with fellow members.

Your participation helps shape the future of our organization.

We look forward to seeing you on Zoom!

(Zoom link will be sent after you register)

Estate Planning in Guardianship

Paul S. Franciszkowicz

Partner, FMS Law Group LLC

tentative for 1 general CLE credit

This webinar examines the critical intersection of estate planning and guardianship proceedings, equipping elder law practitioners with practical strategies for representing wards, proposed wards, and their families when incapacity strikes before adequate planning is in place. Attendees will explore how existing estate planning documents—or the absence thereof—shape guardianship petitions, the guardian's authority to engage in substituted judgment planning on behalf of a ward, and the procedural safeguards courts require when approving estate and gift planning within a guardianship.

About Paul S. Franciszkowicz

Paul concentrates his practice in the areas of probate (including guardianship and decedent’s estate) administration and litigation, estate planning, elder law, mental health law, and general litigation. Paul has been appointed as Guardian ad Litem and attorney for respondents in guardianship cases and as Guardian ad Litem, Special Administrator and Administrator in decedent’s estates. Paul has litigated hundreds of contested trials. Paul was previously an adjunct professor, guest lecturer and has lectured extensively on guardianship and mental health law at Loyola Law School. He has also lectured at DePaul College of Law and Chicago-Kent College of Law, presented several dozen lectures and seminars in Illinois on guardianship, estate planning and mental health law, and has been published on guardianship and confidentiality issues. Prior to co-founding FMS Law Group LLC, Paul was an Assistant Public Guardian with the Cook County Public Guardian’s Office in the Juvenile Division and was a Partner at law firms focusing on probate and guardianship matters.

Wellness Tips & Tricks

Paige Fox 

Fox Law

Tentative for 1 Mental Health & Substance Abuse CLE credit

Join Paige to explore holistic and consciousness-based approaches that improve our well-being. This presentation is designed to educate and empower attorneys to take charge of their health, enhance their careers, and create lasting, positive change for not only us but our clients.

ABOUT THE SPEAKER

Paige N. Fox (she/her), of Fox Law, LLC, brings compassion, understanding and knowledge to the practice of estate planning and elder law. She assists clients of all ages with estate planning, special needs planning, asset preservation and Medicaid planning, trust administration, probate estates, guardianship, negotiations with long-term care facilities, contract review and overall assistance with navigating the challenges seniors and individuals with disabilities navigate on a daily basis. She is able to empathize with clients while also communicating complex issues in a thorough, yet simplified, way so that they are able to better understand and appreciate the specific matter and considers herself an advocate for her clients throughout the entire aging process.

As a Past President of the Illinois Chapter of the National Academy of Elder Law Attorneys (NAELA), Chair for the CBA’s Young Lawyers Section Serving Our Seniors Committee, and Co-Chair Illinois NAELA’s Education Committee, Paige continues to develop her skill set and knowledge on elder law and estate planning matters. She also plays an active role for Illinois NAELA’s Membership, Sponsorship, and Social Media Committees, as well as NAELA National’s Diversity, Equity, and Inclusion Committee.

Paige was deemed a Rising Star by Super Lawyers in 2022 and 2023, an honor earned by only 2.5% of the top attorneys in Illinois under 40 years old or who have been practicing for 10 years or less. In June 2023, she was awarded the David C. Hilliard Award by the CBA’s Young Lawyers Section, in recognition of her outstanding work with the Serving Our Seniors committee.

Facility Contracts and Related Implications

Tuesday, January 12, 2027, 1:00 - 2:00 PM

Amy Delaney, Managing Partner, DDV Law LTD

Tentative for 1 general CLE credit

This webinar explores the critical components of facility contracts and the broader implications. Participants will gain a comprehensive understanding of contract structures, key terms, risk allocation, compliance considerations, and financial impacts. The session will also highlight common pitfalls, negotiation strategies, and best practices to ensure effective contract management. 

Amy Delaney is the Founder and Managing Partner of DDV Law, Ltd., where she leads a practice focused on elder law, including nursing home residents’ rights, Medicaid and special needs planning, guardianship and probate litigation, and estate and trust administration. She is a Board-Certified Elder Law Attorney (CELA), certified by the National Elder Law Foundation and the American Bar Association.

With over 25 years of experience, Amy has earned consistent recognition as a Leading Lawyer, Super Lawyer, and one of the Top 50 Female Attorneys in Illinois. She holds the AV Preeminent rating from Martindale-Hubbell and maintains a perfect Avvo rating. Her work has been featured in The New Yorker, Chicago Tribune, New York Times, CNN, WGN, and PBS.

Amy is a past president of the Illinois Chapter of the National Academy of Elder Law Attorneys and currently serves on its legislative committee. She helped shape emergency rules for remote notarization during the COVID-19 pandemic and was appointed to the Secretary of State’s Remote Notarization Taskforce. She has also contributed to key elder law reforms, including updates to the Illinois Trust Code, Probate Act, and Nursing Home Care Act.