Brooks, John T.

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Updated 8/6/2009
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Foley & Lardner LLP

321 North Clark
Suite 2800

Chicago, IL 60654

Phone: (312) 832-5182

Fax: 312-832-4700

Contact Us

Websites associated with this firm:http://www.foley.com

Summary

Current Employment Position(s)

Partner

Lawyer Overview

John T. Brooks is a partner with Foley & Lardner LLP focusing his practice in the area of fiduciary litigation. He is AV rated by Martindale Hubbell and was recently selected by his peers for inclusion in The Best Lawyers in America 2010 in the field of trusts and estates. Mr. Brooks was also selected for inclusion in the 2009 Illinois Super Lawyers list.*

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.

Selected publications:

  • General editor of IICLE Book: Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests, 2009
  • "Fiduciary Litigation Decisions," Monthly Trusts & Estates Magazine e-mail newsletter, January 2006-present
  • "Fallible Fiduciaries," Trusts & Estates Magazine, June 2004
  • "Delegation of Trustee's Duties to Advisors," The Banking Law Journal, February 2004
  • "Calling All Potential Heirs," Trusts & Estates Magazine, January 2004
  • "Off the Hook (an update on the law of estate planning malpractice)," Trusts & Estates Magazine, October 2003
  • "Recent Developments in Fiduciary Litigation," Trusts & Estates Magazine, July 2003
  • "Trust Terminations," Illinois Institute for Continuing Legal Education (IICLE), 2002
  • "Trust Contests," IICLE,2001
  • "Heirship, Adoption and Paternity," IICLE, 2001
  • "Trust Litigation," IICLE, 1999
  • "Taxation of Qualified Domestic Trusts," BNA Tax Management, 1991

    • Selected Lectures and Presentations:

  • "You Can Tell Me; I'll Put It In the Vault," Attorney-Client Privilege in Fiduciary Litigation and IRS Controversies, IICLE, November 8, 2007, Chicago
  • "Estate Planning to Avoid Contested Estates: An Ounce of Prevention," Chicago Estate Planning Council, September 21, 2006, Chicago
  • "Best Practices for Trustees," American Bankers Association, August 16, 2006, Chicago
  • "Fiduciary Liability Update," IICLE "Trust Administration," January 10, 2006, Chicago
  • "Trustee Workshop," IICLE " Estate Planning Short Course," April 29, 2005, Chicago and May 20, 2005, Urbana
  • "Fiduciary Liability Update," IICLE "Trust Administration," March 9, 2005, Chicago and March 18, 2005, Urbana
  • "Risk Management for Trustees," University of Miami Heckerling Institute, January 13, 2005
  • "Fiduciary Liability Update," Wealth Mgmt. Summit Co-Sponsored by Georgetown Law School and T&E Magazine, October 28, 2004
  • "Trust Contests," IICLE "Contested Estates, Trusts & Guardianships," September 8, 2004, Springfield
  • "Heirship, Adoption & Paternity," IICLE "Contested Estates, Trusts & Guardianships," September 1, 2004, Chicago
  • "Fiduciary Risk Management," IICLE "Trust Administration," February 12, 2004, Springfield and February 19, 2004, Chicago
  • "Risk Management for Trustees: Happy Beneficiaries Equal Empty Court Rooms," ALI/ABA Course of Study Representing Estate and Trust Beneficiaries and Fiduciaries, July 17-18, 2003
  • "Avoiding Fundraising Pitfalls and Maximizing Charitable Trust Benefits," Chicago Council on Planned Giving, April 8, 2003
  • "An Ounce of Prevention: Avoiding Trust and Estate-Related Litigation," Probate Practice Seminar/The Chicago Bar Association, November 5, 1998
  • "Anatomy of a Contested Estate: Pleadings, Procedural Issues and Additional Remedies," Probate Practice Seminar/The Chicago Bar Association, June 25, 1997
  • "Contours of Controversies: An Overview of Contested Trust and Estate Issues With Discussion Hypotheticals," Probate Practice Seminar/The Chicago Bar Association, November 13, 1996

    • Representative Matters:

  • Successfully settled an action for tortious interference with inheritance brought by three sisters against a fourth sister for her alleged mistreatment and undue influence exerted on their elderly and infirm mother.
  • Part of the trial team that successfully litigated an action for wrongful death brought by three daughters against their father for murdering their mother. The case resulted in a jury verdict in excess of $66 million.
  • Successfully defended an action on behalf of a decedent's brother in a hotly contested case involving heirship, paternity and DNA testing.

    • *The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and no award or recognition is a requirement to practice law in Illinois.

    Areas of Practice

    • Estates & Trusts
    Next: Qualifications

    Qualifications

    Bar Admissions

    • Illinois
    • Florida
    • U.S. District Court Northern District of Illinois

    Professional Associations and Memberships

    • Chicago Bar Association (Member)
    • American College of Trust & Estate Counsel (Member)

    Honors and Awards

    • AV rated by Martindale Hubbell
    • Best Lawyers in AmericaA

    Classes and Seminars

    • "You Can Tell Me; I'll Put It In the Vault," Attorney-Client Privilege in Fiduciary Litigation and IRS Controversies, IICLE, Chicago
    • "Estate Planning to Avoid Contested Estates: An Ounce of Prevention," Chicago Estate Planning Council, Chicago
    • "Best Practices for Trustees," American Bankers Association, Chicago
    • "Fiduciary Liability Update," IICLE "Trust Administration," Chicago
    • "Trustee Workshop," IICLE " Estate Planning Short Course"
    • "Fiduciary Liability Update," IICLE "Trust Administration"
    • "Risk Management for Trustees," University of Miami Heckerling Institute
    • "Fiduciary Liability Update," Wealth Mgmt. Summit Co-Sponsored by Georgetown Law School and T&E Magazine
    • "Trust Contests," IICLE "Contested Estates, Trusts & Guardianships" Springfield
    • "Heirship, Adoption & Paternity," IICLE "Contested Estates, Trusts & Guardianships" Chicago
    • "Fiduciary Risk Management," IICLE "Trust Administration"
    • "Risk Management for Trustees: Happy Beneficiaries Equal Empty Court Rooms," ALI/ABA Course of Study Representing Estate and Trust Beneficiaries and Fiduciaries, July 17, 2003 - July 18, 2003
    • "Avoiding Fundraising Pitfalls and Maximizing Charitable Trust Benefits," Chicago Council on Planned Giving
    • "An Ounce of Prevention: Avoiding Trust and Estate-Related Litigation," Probate Practice Seminar/The Chicago Bar Association
    • "Anatomy of a Contested Estate: Pleadings, Procedural Issues and Additional Remedies," Probate Practice Seminar/The Chicago Bar Association
    • "Contours of Controversies: An Overview of Contested Trust and Estate Issues With Discussion Hypotheticals," Probate Practice Seminar/The Chicago Bar Association

    Education

    • University of Illinois College of Law, Champaign, Illinois
      J.D.
      Honors: magna cum laude
    • University of Illinois, Illinois
      B.S.
      Major: Business Administration
    Prev: SummaryNext: Articles

    Articles

    Published Works

    • "Fiduciary Litigation Decisions", Trusts & Estates Magazine, January, 2006
    • "Fallible Fiduciaries", Trusts & Estates Magazine, June, 2004
    • "Delegation of Trustee's Duties to Advisors", The Banking Law Journal, February, 2004
    • "Calling All Potential Heirs", Trusts & Estates Magazine, January, 2004
    • "Off the Hook (an update on the law of estate planning malpractice)", Trusts & Estates Magazine, October, 2003
    • "Recent Developments in Fiduciary Litigation", Trusts & Estates Magazine, July, 2003
    • "Trust Terminations", Illinois Institute for Continuing Legal Education (IICLE), 2002
    • "Trust Contests", IICLE, 2001
    • "Heirship, Adoption and Paternity", IICLE, 2001
    • "Trust Litigation", IICLE, 1999
    • "Taxation of Qualified Domestic Trusts", BNA Tax Management, 1991
    Prev: QualificationsNext: Office Info

    Office Information

    Address

    321 North Clark
    Suite 2800
    Chicago, IL 60654

    Phones

    (312) 832-5182

    Faxes

    312-832-4700

    Emails

    Contact Us

    Websites

    http://www.foley.com

    Prev: Articles

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