John T. Brooks

Partner
Foley & Lardner LLP

John T. Brooks is a partner with Foley & Lardner LLP focusing his practice in the area of estate, trust and fiduciary litigation. He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was recently re-elected by his peers for inclusion in The Best Lawyers in America® 2007-2012 in the field of trusts and estates. He was also selected for inclusion in the 2005-2012 Illinois Super Lawyers® lists and Leading Lawyer in 2003-2009.*

Mr. Brooks began his legal career in estate planning and administration and subsequently transferred the substantive knowledge he acquired in those areas into a successful practice litigating contested estate and trust matters. His practice encompasses all aspects of estate and trust litigation including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful death actions. He also handles appeals of these matters as well.

Mr. Brooks is a frequent speaker on topics related to estate and trust litigation and fiduciary risk management. He has lectured to the Chicago Bar Association, the Illinois Institute for Continuing Legal Education (IICLE), ALI-ABA, the Heckerling Institute, the American Bankers Association, Chicago Estate Planning Council and the Chicago Council on Planned Giving. Besides the numerous publications listed below, Mr. Brooks is the general editor of IICLE’s 2009 Handbook for Lawyers: Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests. He also authors a monthly e-mail newsletter for and serves on the Advisory Board to Trusts & Estates magazine.

Mr. Brooks' professional activities include membership in the Chicago Bar Association and the American College of Trust & Estate Counsel.

Mr. Brooks earned both his B.S. (business administration) and law degree (magna cum laude) from the University of Illinois. He is admitted to the bar in both Illinois and Florida and is admitted to practice before the U.S. District Court for the Northern District of Illinois. He represents individuals as well as banks and trust companies.

Articles by John T. Brooks
Stripping Away the Mystery of the Probate Exception 1
In Curtis v. Brunsting, No. 12-20164 (Jan. 9, 2013), the U.S. Court of Appeals for the Fifth Circuit revisited the issue of the scope of the probate exception to federal subject matter jurisdiction.
A Reckless Act?
John T. Brooks and Samantha E. Weissbluth discuss the potential fiduciary law ramifications of Randy Curtis Bullock v. Bankchampaign, N.A.
Seeds of Controversy
John T. Brooks and Samantha E. Weissbluth highlight an interesting case unfolding in Kansas, in which a sperm donor is fighting state efforts to force him to pay child support
Trustees and the Lawyers Who Represent Them
In Stewart v. Kono (2012 Westlaw 4427096) we’re reminded of the often delicate balance needed when representing the fiduciary. In this case, John Stewart was trustee of his deceased brother’s living trust and executor of his estate.
The Estate Tax & Wrongful Death
John T. Brooks and Samantha E. Weissbluth discuss an interesting case out of New Jersey. In Estate of Kellogg, 2012 WL 1912261 (N.J. Super 2012), time (of death) is of the essence.
Dime Store Stock Costs Litigants Millions
John T. Brooks and Gregory Monday discuss the recent Knox decision and its implications for fidicuiaries everywhere
Attorney Disbarred After Trying to Sell Annuities to Elderly Client
According to the Florida Supreme Court, an attorney’s activities fall under ethical disclosure rules whenever he participates in a business transaction with a client, even if he’s not a principal (for example, buyer or seller) in the transaction.
Confession, While Good for the Soul, May be Subject to Disclosure
Courts consider whether the attorney-client privilege applies to a law firm’s internal loss prevention efforts
Spread the Wealth
Recent New York cases highlight the perils of asset concentration
Jumping the Gun
Courts grapple with the issue of pre-death challenges to trusts of disabled settlors
The Shifting Sands of the Tax Burden
A U.S. Court of Appeals ruling underscores the importance of paying attention to the tax implications of selling or transferring property before a testator’s death
Gucci Out-Guess[ed]?
Court rules that attorney-client privilege doesn’t apply to emails sent by inactive State Bar member
Leave My IRA Out of It
"No way," says a Florida appeals court, ruling that a creditor can reach an inherited individual retirement account
The South Indian Monkey Trap
An attorney, trapped by his own greed, exerts undue influence to become the beneficiary of his client’s estate plan
Marrying for the Money: A New Twist?
Courts refuse to allow caregivers who married their incapacitated clients to get an elective share of the clients’ estates
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