James R. Carey
jim@levinschreder.comJim concentrates his practice in contested estate, trust and guardianship matters, fiduciary risk management, estate planning risk management (including estate planning in guardianship estates) and estate and gift tax controversies. He represents corporate and individual trustees, beneficiaries, guardians and agents. Jim has extensive trial, appellate and mediation experience.
Jim is active in a number of law related organizations, including the American Bar Association's Section of Real Property, Trust and Estate Law, where he serves as the Vice Chair of the Probate and Fiduciary Litigation Committee and is the Liaison between that section and the ABA Section on Dispute Resolution.
Jim has authored three chapters in the IICLE Contested Estates Manual
which is a resource used by lawyers throughout Illinois. He is a frequent
national speaker on various fiduciary topics for various organizations,
including the American Bar Association, IICLE, the Estate Planning Councils
of Chicago, Hawaii, Lake County and DuPage County, the Illinois State
Bar Association, the Chicago Bar Association and the American Academy
of Matrimonial Lawyers. Additionally, he has taught the course on Estates
at the Loyola University of Chicago School of Law. Jim is one of four
Illinois lawyers named an Illinois Super Lawyer in the area of Trust
and Estate Litigation. He is also recognized as a Leading Lawyer in
Tax Law as well as Trust, Will and Estate Planning Law by the Illinois
Leading Lawyers Network.
Representative Cases:
Click here to download a list of representative cases.
Publications:
Co-Author, Estate Planning in Illinois Guardianships, Illinois Institute for Continuing Legal Education (IICLE), 2006 and 2009
Sole author of two chapters, "Accountings" and "Contested Admissions of Will to Probate," and co-author of one chapter, "Will Contests," in the Contested Estates Manual published by the Illinois Institute for Continuing Legal Education (IICLE), 2001 edition, 2006 supplement/update and 2008 new version
"Trustee Liability for Breach of Duty Upon Resignation," Trusts & Estates, 2005
Co-Author, "Buy-Sell Agreements After Chapter 14," Trust & Estates, 1993
Recent Presentations:
"Contested Trusts and Estates," served as moderator for an Illinois Institute of Continuing Legal Education (IICLE) one-day course, November 2009
"Settlor Intent: Who Cares Anymore?" presented at the ALI-ABA 12th Annual Advanced Course of Study: Representing Estate and Trust Beneficiaries, July 2009
"Multi-generational Representation," presented for the Greater North Shore Estate and Financial Planning Council, May 2009
"Ethics in Estate Planning and Probate," presented as a panel member for a Chicago Bar Association seminar, March 2009
Testified on January 26, 2009 before the Illinois House of Representatives Committee on Family Law with respect to the relationship between the guardianship statute and the proposed update of the Illinois Marriage and Dissolution of Marriage Act
Other Presentations:
"Pre-Death Will Contests," presented as a panel member for an American Bar Association (ABA) teleconference, December 2008
"Mock Trial Program-Contestant Guardianship Case in a Will Contest Case," served as a panel member for a Chicago Bar Association Mock Trial, September 2008
"Probate is Dead or Is It?" presented as a panel member for an American Bar Association (ABA) teleconference, May 2008
"Heirs in Waiting? Pre-Mortem
Probate Disputes," presented to attendees of the Illinois Institute
of Continuing Legal Education (IICLE) annual Estate Planning Short Course
held in Chicago and Champaign, May 2008
"Heirs in Waiting? Pre-Mortem Probate Disputes," presented
to attendees of the 19th Annual Real Property & Estate Planning
Symposium held in Washington, DC, May 2008
"Conflicts and Confidentiality for Fiduciaries and Their Advisors,"
presented to attendees of the Chicago Estate Planning Council meeting,
April 2008
"Practical Representation Issues: Competing Client Interests," presented for participants of an Illinois Institute of Continuing Legal Education (IICLE) Estate Planning Update teleconference, October 2007
"Competing Client Interests: Identifying Your Client, Conflicts of Interest and Privilege for Lawyers in the Estate Planning and Fiduciary Context," presented to attendees of the Illinois Institute of Continuing Legal Education (IICLE) 50th Estate Planning Short Course held in Chicago and Springfield, April/May 2007
"Estate Planning in Illinois Disabled Adult and Minor Guardianships," presented to attendees of the Illinois Institute of Continuing Legal Education (IICLE) 50th Estate Planning Short Course in Chicago, April 2007
"Identifying Your Client, Conflicts and Privilege in Estate Planning and Probate," presented for members of the Chicago bar Association's Probate Practice Committee, November 2006
"The Measures of Damages in Fiduciary Litigation," presented at the American Bar Association Joint Meeting of the Sections of Taxation and the Section of Real Property Probate and Trust Law, October 2006
"The Initial Client Meeting," presented to attendees of the
Illinois Institute for Continuing Legal Education (IICLE) Basic Estate
Planning seminar, August 2005
"Risk Management for Fiduciaries," presented to attendees of the Illinois Institute of Continuing Legal Education (IICLE) Annual Estate Planning Short Course, April/May 2005
"Illinois Probate: Beyond the Basics," sponsored by the National Business Institute, February 2005
"Contested Admissions of Wills to Probate," sponsored by the Illinois Institute of Continuing Legal Education (IICLE), September 2004
"Basic Estate Planning," sponsored by the Illinois Institute for Continuing Legal Education (IICLE), August 2004
"Reformation of Trust and Total Return Trust Conversions," sponsored by the Illinois State Bar Association, November 2003
"Litigation Perspectives on Breach of Fiduciary Duty and Accounting Actions," presented for members of the Hawaii Estate Planning Council, October 2003
"How to Avoid Contests when Planning for Older Clients," presented for members of the Hawaii Estate Planning Council, October 2003
"No Good Deed Unpunished: Selected Issues on Conflicts of Interest for Professionals in the Estate Planning and Fiduciary Context," presented to members of the Greater North Shore Estate Planning Council, March 2003
"Contested Accountings," presented to attendees of the Illinois Institute for Continuing Legal Education (IICLE) Symposium on Contested Trusts and Estates, October 2002
"Third Party Liability for Breach of Fiduciary Duty," (co-presenter) presented to members of the American Bar Association Real Property Probate and Trust Law Committee and Subcommittee on Fiduciary Litigation, April 2002
Education:
J.D., Loyola University, 1989
Editor, The Business Lawyer and Articles Editor, Loyola Law Journal
B.A., Marquette University, 1986
Admitted:
Illinois, 1989
Professional Activities:
American Bar Association - Section of Real Property, Trust and Estate
Law
Vice Chair, Probate and Fiduciary Litigation Committee; Active Member, Committee on Estate and Trust Litigation Controversy; Liaison to Section on Dispute Resolution
Chicago Council of Estate Planners
Community Activities:
St. Giles Parish Pastoral Council - Past Co-Chair
Mughamba Scholarship Foundation - Board of Directors
