Category: News

May is National Elder Law Month, an opportunity to focus on and raise awareness about legal planning for aging and special needs. The attorneys in Chuhak & Tecson’s Elder Law practice group are marking the occasion with a robust lineup of programming focused on providing seniors, their families and fellow practitioners with the information and resources that can help them navigate the unique challenges and complexities that come with growing older.

Principal and Elder Law practice leader Mallory Moreno says that far from being an adjunct to their work, educating others about these matters is a core responsibility.

“We may deal with elder law issues every day, but we know our clients don’t,” she says. “Every attorney in the practice group recognizes how critical it is to empower clients with knowledge, so that the scariness of the unknown and unfamiliar is replaced by clarity and confidence that they are ready — legally, financially and practically — for the days and years ahead.”

Moreno notes that fellow attorneys who practice in other areas also benefit from education about the many nuanced issues involved in advising seniors, individuals with special needs and their families.

“We want our colleagues who focus on other legal disciplines to have a baseline of knowledge about elder law issues so they can steer their clients in the right direction and towards the right resources.”

To that end, our lawyers have redoubled their commitment to community education. This includes presentations, workshops, seminars and other events at which they discuss the wide range of issues and topics that fall under the broad umbrella of elder law, such as long-term care planning, Medicaid benefits crisis and pre-planning, special needs and incapacity planning, Medigap coverage, guardianships and elder abuse concerns. Similarly, the attorneys in our Estate & Trust Administration & Litigation and Estate Planning & Asset Protection groups, whose work regularly intersects with the concerns and matters facing our elder law clients, are also contributing their time and insights to inform and enlighten others on related topics.

In May, the firm’s Chuhak Chats — short, focused video vignettes that emphasize a particular area of the law — will cover such topics as when guardianship is appropriate; what a special needs trust is; cost-effective transfer on death instruments (TODI); and Illinois’ recently passed End-of-Life Options for Terminally Ill Patients Act, making Illinois the first state in the Midwest to authorize medical aid in dying (MAID).

Moreno adds that education is a two-way street, and that she and the other attorneys in the firm’s Elder Law group remain students as well as teachers regarding new developments in their field.

“The laws and policies that impact seniors and those with disabilities aren’t set in stone, nor are the economic conditions that may require adjustments or new strategies and approaches,” she says. “We are always trying to stay ahead of these changes and are constantly educating ourselves about them so we can pass that information on to our clients and position them for a secure future.”

The busy calendar of upcoming events marking National Elder Law Month 2026 reflects the group’s focus on community education, including the following:

May 7: Moreno and Lindsey Paige Markus, leader of Chuhak & Tecson’s Estate Planning & Asset Protection group, speak to the Lake County Estate Planning Council on “Navigating Elder Law in an Aging America: State and Federal Frameworks for the Next Decade.”
May 12: Moreno provides an in-depth presentation and overview of “What is Elder Law?” for the Kane County Bar Elder Law Seminar.
May 13: Moreno participates in a live Q&A session for families and individuals affected by Angelman’s Syndrome, answering questions about how to properly plan for a loved one with special needs.
May 18: Moreno presents to the Chicago Bar Association Elder Law Committee on “A Guardian’s Duty to Pursue Benefits: Medicaid Planning in the Context of a Guardianship.”
June 11: Moreno and Christine Barone, principal in the firm’s Elder Law, Estate & Trust Administration & Litigation and Estate Planning & Asset Protection groups, participate in the Des Plaines Senior Expo at Rivers Casino, Des Plaines.
June 16: Bryan Montana, principal in the firm’s Elder Law and Estate Planning & Asset Protection groups, presents to advisors, “Estate Planning Trends & Strategies for 2026.”

You can visit here to learn more about Chuhak & Tecson’s Elder Law practice group and its attorneys, Christine A. Barone, Bryan M. Montana, Mallory A. Moreno and Olive Wassen.

Chuhak & Tecson is pleased to announce the names of its attorneys who have been selected as Leading Lawyers and Emerging Lawyers in Illinois for 2026.

Leading Lawyers are recommended by their peers in their respective areas of practice. Less than 5% of all lawyers licensed in Illinois receive the distinction of Leading Lawyer. Lawyers cannot buy their way onto the list of Leading Lawyers, which is the result of surveys mailed to all lawyers in the state of Illinois. The survey asks which of their peers they believe comprise the top lawyers within their respective region and/or area(s) of law. Only those lawyers who are most often recommended and are also approved by the advisory board are selected as Leading Lawyers.

Emerging Lawyers are those lawyers recognized by their peers who are 40 years old or younger and have practiced for no more than 10 years or fewer. Only 2% of all licensed lawyers in Illinois receive the distinction of Emerging Lawyer.

Chuhak & Tecson congratulates its Leading and Emerging Lawyers for 2026.

Leading Lawyers
John P. Adams
Mark J. Altschul
Adam K. Beattie
David J. Bloomberg
Steven P. Bloomberg
Kimberly T. Boike
Mark E. Broaddus
Edmond M. Burke
Kevin M. Coyne
Michael W. Debre, III
William F. DeYoung
Phyllis K. Fasel
Barry A. Feinberg
David J. Feinberg
Mitchell S. Feinberg
Brandon R. Freud
Daniel J. Fumagalli
Andrew Luczak Glubisz
James B. Gottlieb
Ryan A. Haas
Jeffrey M. Heller
Terrell J. Isselhard
Edwin I. Josephson
Arnold E. Karolewski
Loretto M. Kennedy
Amanda E. Losquadro
Lindsey Paige Markus
Bryan M. Montana
Adam R. Moreland
Donald J. Russ, Jr.
David B. Shiner
Robert “Bobby” S. Strauss
Andrew P. Tecson
David J. Tecson
Will Trevena
Janet Wagner
Molly A. Ward
Mitchell D. Weinstein
Anne M. Wolniakowski
Stephen A. Wood

Emerging Lawyers
Christine A. Barone
Ashley C. Coppola
Missy T. Firmage
Tae Young Kim
Christina M. Mermigas
Mallory A. Moreno
Margaret M. Salinas

Acknowledging National Elder Law Month in May, this is a brief explanation about TODIs. What is a TODI?

TODI stands for “Transfer on Death Instrument.” Commonly called a ‘TODI,’ it is an estate planning tool that allows for owners of residential real estate to transfer title upon death to one or more specified beneficiaries, thereby bypassing probate and court involvement. A TODI is generally used as an alternative to creating a revocable living trust, but it should only be used for very simplified estates and in limited situations.

There are a couple points to keep in mind when you’re utilizing this estate planning instrument.

A TODI must be signed, notarized and witnessed by two uninterested witnesses prior to the owner’s death and it has to be recorded prior to that owner’s death. As soon as the owner dies, a signed but unrecorded TODI is ineffective and cannot be recorded in the chain of title.
The owner of the property retains full control over the property during their life.
The TODI can be changed at any time. The owner’s current exemption, such as a homestead exemption or a senior citizen’s exemption is maintained. It does not wipe out or eliminate any liens or mortgages that are currently on the property.
The TODI’s use is restricted to residential property only; it cannot be used for commercial property.
A TODI is a relatively inexpensive option to avoid probate. The form itself is pretty straightforward and can be obtained from your county clerk. However, we recommend that you consult with an attorney to complete the TODI because common errors can cause a TODI to fail and can result in the property passing back into probate.
TODIs are susceptible to title disputes. Because they’re such simple documents, they are subject to potential elder abuse, such as forcing an elderly person to sign a TODI by undue influence. It also doesn’t provide guidelines on how multiple beneficiaries will eventually own the property. So if you want to transfer title to two children and those two children don’t get along, there are no guidelines on how they’re supposed to own that property, which can lead to ownership disputes.
Lastly, not every state recognizes a TODI. Illinois recognizes TODIs, but if you live in a state that doesn’t, then you have to seek alternative measures in order to put a transfer on death instrument in place.

Ultimately, a TODI can be a very helpful estate planning tool, but they need to be used strategically and sparingly. Again, contact an estate planning attorney for further information and assistance on using a TODI in your estate plan.

Client alert authored by Christina M. Mermigas, (312 855 4354), principal.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Bryan Montana, principal at Chuhak & Tecson, P.C., recently attended an important community meeting held by the Glenview New Development Commission to discuss a series of changes that village staff had proposed to the Glenview Municipal Code. These changes would ban a number of service-based and retail businesses in favor of creating an entertainment district in the downtown area. The list of banned businesses included convenience stores, pet stores, pet groomers, day care centers, physical therapists, massage therapy and chiropractic offices, among others.

The village staff proposed adding several newly permitted businesses to the downtown area, including comedy clubs, wine bars, bowling alleys, restaurants and indoor miniature golf. The Glenview Downtown Development Code states that a revitalized downtown should contain a “mix of businesses and uses.”

The ban of certain types of businesses would not mean existing businesses would need to close, but the new proposal did not address the concerns of property owners who worried about the negative impact such restrictions would have on property values.

“Sure, the existing clinics can stay, but it’s very clear this kind of categorical restriction creates an immediate adverse effect on a property owner’s interest,” said Montana, representing the owner of a physical therapy establishment.

Based on these and other concerns, the Village decided to postpone implementation of the new zoning restrictions indefinitely.

Chuhak & Tecson P.C. is proud to sponsor the Elevate Impact: 2026 Nonprofit Leadership Conference on Wednesday, March 4, 2026, from 12 – 4:00 p.m. at 120 S. Riverside Plaza, Chicago. This half-day event offers nonprofit leaders and funders the opportunity to reflect on and break the cycle of “survival mode.” The conference provides panel discussions, hands-on conversations with experts on branding, AI and more plus structured networking.

The panel will be moderated by DeRondal Bevly, Founder & Managing Director of RubyRose Strategies and features speakers include Heather Alderman, President, Illinois Children’s Healthcare Foundation; Bo Kemp, CEO, Southland Development Authority; Katherine Korey, President, Bright Promises Foundation; Carrie Summy, President, Oak Park River Forest Community Foundation and Kimberly T. Boike, Principal and leader of Chuhak & Tecson’s Healthcare and Nonprofit and Tax Exempt Organizations practice groups.

This event is complimentary and geared toward nonprofits and foundations. With funding volatile, talent stretched and complexity rising, the conference will address how to not just survive but build capacity for growth.

The event is also sponsored by ELEVATE Alliance Group and the Chicagoland Chamber of Commerce.

Chuhak & Tecson, P.C. proudly announces that Elizabeth Harvell has joined the firm as an associate in the Estate Planning & Asset Protection group. She brings with her a breadth of experience in family law to the trusts and estates space, allowing her to guide clients through prenuptial agreements and the thoughtful updating of estate plans following divorce or other major life changes.

Harvell comes to Chuhak & Tecson after practicing for five years at a Chambers Band 1-ranked matrimonial law firm in New York City, where she represented high-net-worth individuals, athletes and public figures with complex asset portfolios and multifaceted business and family concerns. This experience informs Harvell’s current work, as she understands the critical importance of thoroughness, collaboration and discretion when protecting her clients’ assets and advancing their interests in estate planning matters.

Lindsey Paige Markus, leader of Chuhak & Tecson’s 25-attorney Estate Planning & Asset Protection group, says that Harvell’s experience working with high-net-worth clients has provided her with valuable perspectives about what it takes to effectively serve and represent such individuals.

“Elizabeth has a very personable and intuitive approach that helps her develop strong client relationships and obtain a full appreciation of the things that matter to them, the issues that concern them and what they want to achieve in their planning,” Markus says. “Those same attributes also allow her to seamlessly coordinate her work with business valuation analysts, family offices, corporate counsel and accountants who play key roles in her clients’ estate planning and asset protection efforts.”

Harvell graduated from Wake Forest University, Winston-Salem, North Carolina, where she received degrees in Philosophy and English Literature with honors and distinction. She earned her law degree from New York Law School on a full-tuition, merit-based scholarship and served as editor of the New York Law School Law Review and vice chair of the Moot Court Association.

Illinois has attracted significant attention from companies looking to build data centers. Data centers are the “computer rooms” that provide the data storage, data processing and data transmission resources needed by social media, streaming services, artificial intelligence and other digital companies. These centers require substantial capital investment, power and water to serve our ever-growing digital world. The emergence of artificial intelligence has turbo-charged the need for more and larger data centers.

There are roughly 200 data centers in Illinois. Data centers take a number of different forms, including:

Enterprise data centers tend to be smaller designed for single users like hospitals or banks.
Colocation data centers serve multiple businesses and take many different forms and are often designed to be shared by multiple tenants.
Cloud data centers are shared by a great many users who often do not directly manage the physical data center location.
Hyperscale data centers are massive centers often operated by large tech companies and require significant capital investment to build.

Artificial intelligence requires enormous computing power and is driving the need for more hyperscale data centers. Power, utility and labor needs typically push data centers toward urban areas. Data centers often choose urban areas for the following reasons:

Data centers need reliable, high speed fiber optic networks. These networks are typically found in only urban areas.
Significant power is required by data centers to operate properly. Often urban areas have more robust power grids capable of supplying the power needed by data centers.
Larger data centers require talented labor. A large center may require as many as 200 employees, some of whom will need to be highly skilled. Many rural areas will simply not have an adequate labor pool.

While most data centers in Illinois are found in urban areas, it is possible for some rural locations to work as well. Some rural areas can offer the advantage of lower land acquisition costs and real estate taxes. The persistent issue with rural areas tends to be inadequate power and labor.

In Illinois, it’s been the Chicago-metro area that has attracted the most attention from data center developers. There are already between 130-175 data centers (depending on the definition used) already in existence in Chicago and the Chicago suburbs. Elk Grove Village has multiple large hyperscale centers. Aurora also has a good number of data centers, including multiple CyrusOne centers. There are also a number of data centers in or near downtown Chicago. Digital Realty, QTS and other companies have large data centers in or around downtown Chicago.

There are also data centers located outside Chicagoland. Springfield has 6 data centers. There are also data centers in Rockford, Peoria and Champaign. There are a number of websites that are useful as a resource and highlight the location of data centers. These websites include datacentermap.com and cleanview.co.

In addition to the data center sites already in existence, at least 22 more are in some stage of planning in Illinois. Many of the zoning hearings tied to data center projects have been very contentious. Known proposed projects are taking place in numerous areas of Illinois, including DeKalb, Pekin and Minooka. Projects in Naperville, Yorkville. Lisle and Barrington Hills have been proposed but have run into fierce opposition and/or have been voted down or paused.

Data centers will be needed to facilitate growing demand for artificial intelligence. Count on where they go being a continued source of debate and local drama. Stakes are high in zoning hearings that involve data centers. These projects bring massive capital investment, technological advancement, economic development and jobs to the communities they come to. However, they also bring sweeping neighbor concerns about environmental impacts and utility costs. Despite the controversy surrounding data centers, these are essential to facilitating our increasing digital world. They are not going away. Count on data center proposals to lead headlines in the world of real estate in the years to come.

Client alert authored by Kevin M. Coyne (312 855 5441) Principal

As the prevalence of artificial intelligence (AI) continues to grow, so have the power needs required by the resource-hungry AI systems that provide the computing power that AI needs to function. The computing power needed for AI to function goes far beyond what even the largest modern computer servers require. To generate the computing power necessary to power AI, specialized and dense hardware, massive memory storage capacity and power generators and cooling infrastructure is needed. The complex and incredibly expensive machinery used to power AI is provided by data centers or “AI factories.” In most cases, data centers require zoning relief approved through public hearings before they can lawfully operate.

There are already roughly two hundred data centers in Illinois. Many more data centers are needed and are currently being proposed in numerous cities around the state. The hearings tied to data center developments have often attracted significant resident push-back and very contentious zoning hearings are common. A few recent hearings in Illinois have led to data centers being voted down.

The stakes are high in these hearings. Data centers are critical and often offer huge economic benefits to a city. However, they also raise significant concerns, including concerns about health and safety. While no two projects are the same, data center developments often offer communities the following benefits:

Significant financial investment into the community. Data centers often cost hundreds of millions of dollars to build. This massive capital investment generates large direct and indirect economic benefits to a community. Data centers also often pay many millions of dollars in real estate taxes every year.
Job creation. Data centers are complex structures and usually take years to build. These projects generate a tremendous amount of work for trade workers.

Infrastructure improvements. Data center projects often lead to upgrades to a community’s power grid, roads, water systems as well as telecom improvements.

Economic development and business attraction. Data centers often attract other tech industries to a community as well as the vendors needed to service the data center.

Community investment. Data centers often contribute financially to community job programs, workforce training initiatives, area STEM programs and to trade schools.

While data centers often tout huge economic offerings to a community, not everyone is sold on their value. Residents often arrive in droves to oppose data center developments. Resident concerns have included the following:

Noise pollution. Data centers found near residential homes have often been accused of being extremely loud and of generating noise, often described as a humming sound, 24 hours a day.

High water usage. The cooling systems used by data centers require massive amounts of water and some residents fear these centers could pressure — and even lower — water tables and/or dry water wells.

Drain on the community’s electric grid. The data center’s need for constant, significant power, trigger concerns they could raise electric rates, cause blackouts and/or damage the community’s electric grid.

Air pollution. The typical data center’s heavy generator usage causes exhaust and raise concerns about air pollution and possible negative health impacts on those living nearby.

Damage to nearby home values. It is often contended that the various questions about pollution and noise, combined with health concerns, will damage the value of homes found near a data center.

In summary, the economic benefits presented to a community by a large data center can be enormous. However, so are the quality-of-life concerns that are often raised by neighbors to proposed data center sites. AI is not going away. As AI grows, so will the need for these data centers. Virtually all communities of size — and the many stakeholders who stand to benefit from these developments — will need to come to a balanced understanding as to how to move these projects along while addressing the many quality-of-life concerns raised by residents during data center hearings to date.

Client alert authored by Kevin M. Coyne (312 855 5441) Principal

Chuhak & Tecson is most pleased to announce the names of its attorneys who have been selected as Super Lawyers and Rising Stars for Illinois for 2026. The following attorneys have well-earned this distinction and are awarded Illinois Super Lawyers in their respective practice areas.

David J. Bloomberg	Real Estate
Edmond M. Burke	Bankruptcy: Business
Ashley C. Coppola	Estate & Trust Litigation
David J. Feinberg	Estate & Probate
Mitchell S. Feinberg	Estate & Trust Litigation
Ryan A. Haas	Employment & Labor
Tae Y. Kim	Business Litigation
Mallory A. Moreno	Elder Law
David B. Shiner	Tax
Stephen A. Wood	Business Litigation

Illinois Rising Stars for 2026 are:

Adrienne M. Arlan	Business Litigation
Rebecca M. Cerny	Estate & Probate
Martin J. Crowley	Banking
Aali S. Fidai	Real Estate
Markeya A. Fowler	Employment Litigation: Defense
Melissa (Missy) Turk Firmage	Estate & Trust Litigation
Olivia R. Wassen	Estate & Probate
Nicholas W. Zausch	Estate & Probate

Super Lawyers is a rating service of premier lawyers including more than 70 practice areas. Selected lawyers have attained a notable degree of peer acknowledgement and professional accomplishments. Super Lawyers provides a patented selection process that includes research, peer nominations and peer evaluations. Lawyers are selected from all 50 states and Washington, D.C.

According to Super Lawyers, each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Super Lawyers recognizes no more than 5% of attorneys in each state. Rising Stars recognizes attorneys practicing 10 years or fewer and comprises no more than 2.5 % of attorneys in each state. Selections are made on an annual, state-by-state basis.

Chuhak & Tecson congratulates its Super Lawyers and Rising Stars for 2026.

Tariffs and changing trade policies further complicated a market that was already held back by inflation. There are some positive signs for the Chicagoland industrial real estate market.

Chicagoland saw net absorption of industrial space increase by a positive 2.6 million square feet in Q3. This is welcome news. Overall year-to-date net absorption was still down 59.6% year-over-year through the end of the third quarter of 2025 (these figures are found from quarterly reports offered by CBRE and Cushman & Wakefield respectively). Many industry experts believe this decline in net absorption is attributed to the addition of new offerings being added to the market, namely 1.2 million square feet of new industrial space at Plainfield Logistics Center.

Per Cushman and Wakefield, overall industrial market vacancy rate in Chicagoland rose 40 basis points year-over-year to 4.7% through the end of the third quarter of 2025.

On a positive note, CBRE reports that tenant demand was high in 2025 and outpaced 2024 figures by 43.6% increase year-over-year.

As for new industrial projects, a new multibillion-dollar quantum computing campus called the Illinois Quantum and Microelectronic Park on the South Side is coming online. The goal is for this campus to be a national leading hub that develops the next generation of supercomputers. It is expected to create thousands of jobs.

The Lincoln Yards project, located on vacant land within the North Branch Industrial Corridor, was originally planned as a $6 billion mixed-used property by Sterling Bay. Funding issues and delays have stalled this project, but recent developments have breathed new life into this development. Bank OZK has confirmed that JDL has purchased the northern parcel of Lincoln Yards with a new vision of the project called “Foundry Park.”

While the industrial market has faced challenges in recent years, because of exciting projects coming online, there is room to be optimistic for a strong showing in 2026

Chuhak & Tecson real estate attorneys have substantial experience negotiating office leases throughout Chicagoland. Please contact us should you have questions about your industrial lease or any real estate matter. We stand ready to assist you in all your real estate issues.

Client alert authored by Kevin M. Coyne (312 855 5441) Principal, with research and drafting assistance by Katie Bendalin (312 855 4335), Law Clerk.