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Human Nature, Both Sides NowHuman Nature, Both Sides Now

If you do estate and trust litigation for a living, it's easy to begin thinking that greed is ubiquitous. But just when you might harden into cynicism, a case comes along to restore your faith in human nature. Two recent cases are classic. One, involving the estate of Marjorie Sims, showcases her unfortunately well-founded fear of living long, getting ill, and needing a lot of her money for health

6 Min Read
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John T. Brooks, partner, Foley & Lardner, Chicago, and Rorie M. Sherman, editor in chief, Trusts

If you do estate and trust litigation for a living, it's easy to begin thinking that greed is ubiquitous. But just when you might harden into cynicism, a case comes along to restore your faith in human nature.

Two recent cases are classic. One, involving the estate of Marjorie Sims, showcases her unfortunately well-founded fear of living long, getting ill, and needing a lot of her money for health care. Following her death, a nasty fight broke out between her two legatees. Peck v. Froehlich, 853 N.E.2d 927 (Ill. Ct. App. 2006).

In contrast, a case involving the estate of George Fournier displays literal trustworthiness: In re Estate of Fournier,...

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About the Authors

John T. Brooks

Partner, Foley & Lardner LLP

http://www.foley.com/

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.