T&E Solo Pack · Illinois · Week Of July 6, 2026

Illinois.

Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the Illinois T&E solo who knows the Probate Act of 1975 (755 ILCS 5) cold but still loses an afternoon a week hunting the current homestead number, the Community Care Program / “Persons who are Elderly” waiver (HFS Medical Assistance) posture, whether the latest Illinois bar ethics opinion changes how you scope an engagement, or whether a recent Illinois Appellate Court decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in Illinois lately — the week’s developments and the recent rulings from the bench.

For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.

IL
Illinois · Prairie State
UPC — No (Probate Act of 1975)
Community Property — No (common law)
LTC Waiver — HFS Medical Assistance
Estate Recovery — Probate-only
T&E Solo Pack Built for Illinois attorneys
The Big Three · Week Of July 6, 2026

Here's what I'd want you to see from last week.

Three developments from the last seven days that I think actually matter to a Illinois T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.

01

Illinois enacts the Charitable Organization Beneficiary Act — new duties when a charity is the named beneficiary of a non-probate asset.

P.A. 104-0481 (HB 4206, approved June 26, 2026; effective January 1, 2027) requires a holder of a non-probate asset naming a 501(c)(3) beneficiary — POD/TOD accounts, life insurance, retained-asset accounts — to notify the charity within 45 business days of the owner’s death, bars burdensome claim requirements, and requires honoring a claim made by sworn affidavit plus IRS documentation; bad-faith noncompliance carries attorney-fee exposure.

Charitable-beneficiary designations are a staple of the plans you draft — from January the payout mechanics are statutory, not the institution’s form-of-choice. Note the Act in your charitable-gift letters, and when you administer an estate with charitable designations, the 45-day clock is now your leverage against slow-paying holders.

P.A. 104-0481 (HB 4206), approved June 26, 2026, eff. Jan. 1, 2027 · ilga.gov

02

The Illinois Supreme Court’s AI Policy (eff. Jan 1, 2025) permits responsible attorney AI use — with no disclosure requirement and full user accountability.

The first statewide judicial AI policy permits responsible use of generative AI by attorneys and judges, imposes no AI-disclosure requirement, and places full accountability on the user for anything submitted. It governs T&E filings the same as any other.

If you use AI to draft a petition or trust instrument in Illinois, you need not disclose the tool — but you own every word, including a hallucinated citation. The no-disclosure posture is a convenience, not a safe harbor: verify authorities before filing, and pair the court policy with the ISBA/ARDC practitioner guidance for the confidentiality and competence pieces.

Illinois Supreme Court Policy on Artificial Intelligence (eff. Jan. 1, 2025) · illinoiscourts.gov · AI policy

03

ISBA and the ARDC released generative-AI guidance (Oct 2025) — the ARDC’s “Illinois Attorney’s Guide to Implementing AI” plus the ISBA AI Committee FAQ.

In October 2025 the ISBA AI Committee published an FAQ / best-practices set and the ARDC released the “Illinois Attorney’s Guide to Implementing AI.” Together they are the practitioner-facing complement to the Supreme Court’s AI policy.

This is the operational checklist for an Illinois T&E solo: how to vet an AI tool, when client data triggers confidentiality duties, and how to supervise AI-assisted work product. Read it alongside the court policy — the court tells you the accountability rule, the ISBA/ARDC guidance tells you the workflow that keeps you on the right side of it.

ARDC, Illinois Attorney’s Guide to Implementing AI; ISBA AI Committee (Oct. 2025) · isba.org · ARDC AI guide

From the Courts · Recent · Illinois

What the courts did — and what it changes at your desk.

Decisions that bind a Illinois practitioner — Illinois’s appellate courts and the federal courts covering Illinois, including the U.S. Seventh Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.

Decided June 18, 2026
Appellate Court of Illinois, 2d Dist.
2026 IL App (2d) 250453

In re Estate of Kohnen — a renouncing spouse’s statutory share is computed without the decedent’s out-of-state real estate.

A surviving spouse renounced her late husband’s will and claimed her statutory share under section 2-8(a) of the Probate Act. The trial court ruled her share included proceeds from Arizona real property the decedent had owned before the marriage. On the children’s appeal — the spouse and administrator filed no appellee brief — the Second District found prima facie reversible error and reversed: following In re Estate of Pericles, real property located in another state is generally not part of a decedent’s ‘entire estate’ for computing a renouncing spouse’s share, so the trial court should not have folded the out-of-state realty into the base.

For Illinois estate practice: when computing a renouncing spouse’s section 2-8(a) share, exclude out-of-state real property from the ‘entire estate’ base — that realty is governed by the law of its situs, not the Illinois administration. Spot situs issues early when a decedent owned land in several states, and remember that an unanswered appeal (no appellee brief) is decided on the prima facie reversible-error standard of Talandis.

In re Estate of Kohnen, 2026 IL App (2d) 250453 (Ill. App. Ct. June 18, 2026) — official Illinois public-domain neutral citation.

Trailing window
Illinois appellate courts
Federal courts · Seventh Cir.

[From the Courts · slot 2 — awaiting the next verified T&E ruling]

This slot holds the next significant trusts-and-estates or estate-recovery decision from Illinois’s appellate courts or the federal courts covering Illinois. The lane reads each opinion before it lands here, and reads-and-discards criminal, family, commercial/LLC-fiduciary, and tax matters as not T&E. When the trailing window has no further ruling, this row says so plainly rather than inventing one.

Nothing further to re-paper from the bench this period; controlling authority unchanged.

Official reporter · court · date — populated when the next verified ruling lands.

Week Of July 6, 2026

This week.

This week in Illinois for the T&E solo with Illinois Medicaid clients: the developments from the Illinois State Bar Association (Trusts and Estates Section), the Illinois Supreme Court, and HFS that actually moved your practice this period — each one primary-source verified.

Bar and Medicaid changes land on different schedules and aren’t indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.