Chuhak & Tecson employees are back to “shake their cans” in the name of community service.

For the second year in a row, attorneys and staff are volunteering their time and efforts to raise money for Misericordia, a charitable organization that provides a community of support and care for children and adults with developmental and physical disabilities.

On April 26, 20 of the firm’s employees will participate in the 28^th Annual Misericordia Candy Days, a fundraiser held throughout the Chicagoland area. Attorneys and staff members will stand side by side with more than 7,500 other volunteers to shake collection cans and distribute candy in return for monetary contributions.

Last year, Chuhak & Tecson volunteers helped raise over $2,000 for Misericordia’s various therapeutic, vocational and residential programs, and hope to top that during this year’s fundraising event.

Misericordia currently serves more than 600 individuals at its 31-acre campus located in the Rogers Park area of Chicago. The organization provides a wide range of programs to meet residents’ diverse needs, including day-to-day support, physical and speech therapy and job training. Misericordia aspires for each individual to live as independently as possible in the highest level of community integration. Learn more about Misericordia at http://www.misericordia.com/.

In a case of first impression argued by David Feinberg at Chuhak & Tecson, P.C., the Illinois Supreme Court has ruled that the doctrine of election pertaining to last wills is not necessarily the last word in court challenges to a living trust amendment.

The 6-1 judgment reversed two lower court decisions in Estate of Robert E. Boyar v. Grant Dixon, 2013 IL 113655. The case was presented by Chuhak & Tecson principals David Feinberg, Barry Feinberg and Daniel Fumagalli, and marked the first time the Illinois Supreme Court has dealt with the doctrine of election in almost 60 years.

In its April 4, 2013, opinion, the Supreme Court reversed both the circuit and appellate court decisions applying the doctrine of election as it relates to wills to an amendment to a trust. The upper court departed from the earlier judgments of the lower court in ruling that Boyar v. Dixon should not have been based on the doctrine of election or dismissed in circuit court. It ruled the appellate court also was in error in upholding the dismissal.

Dismissal in both proceedings had been based on a bright line interpretation of the doctrine of election, a case law principle that precludes a beneficiary to a will from contesting any part of the will if property has already been received.

“In this instance, our client had received nominal personal property that was owned by his father’s revocable living trust,” said David Feinberg, who argued the case. “Both the circuit court and appellate court ruled that because he had accepted the benefit, the client was foreclosed from contesting any part of his father’s trust, including an amendment that had nothing to do with property issues.”

Drafted less than a month before the death of the testator and without the knowledge of the beneficiaries, the amendment in question involved the designation of a new successor trustee. The amendment replaced both the Northern Trust and the testator’s son, Robert A. Boyar, as co-trustees, with a neighbor, Grant Dixon, as sole trustee. In addition, the amendment also provided that a majority of the income beneficiaries of the trust could not remove Grant Dixon as sole trustee.

Feinberg argued, and the court agreed, that there was no inconsistency between Boyar’s and other family members’ receipt of personal property and his challenge to the amendment naming a new trustee—and that in any case, the doctrine of election should be applied on a case-by-case basis rather than as a bright line rule.

Additionally, Boyar would have had to be aware of all the facts and circumstances relating to the case in order for the doctrine of election to apply properly, Feinberg argued. The specific facts and circumstances, including the contents of the trust, had not yet become known when Boyar received the personal property from his father’s trust.

“We contested the amendment because in Robert’s view, his father, who was suffering from dementia, lacked the mental capacity to execute this document,” Feinberg said. “Our client believes that his father did not want this person to be the trustee and was unduly influenced into changing the trusteeship.”

The Supreme Court decision remanded the case to Cook County Circuit Court for further proceedings.

“We really are feeling quite a sense of accomplishment,” Feinberg said. “From day one we felt we were in the right, that this case should not have been dismissed on the doctrine of election, that it should have been heard on its merits.”

“Any time you’re talking about overturning a lower court ruling, it’s not an easy thing to do,” said Fumagalli, who was part of the Chuhak & Tecson team preparing Boyar. “Historically, it’s a long shot because it doesn’t happen that often. I thought we had the better argument in the briefs and the oral argument before the court, but one never knows. There are seven justices who get to weigh in on it.”

Boyar v. Dixon marked the first time the Illinois Supreme Court heard a case in which the doctrine of election was applied to an amendment to a trust. The outcome suggests new thinking on this issue, Feinberg said.

“The Illinois Supreme Court is clearly indicating to the lower courts that it is not going to apply the doctrine of election unilaterally in the context of wills, trusts or otherwise,” Feinberg said. “Rather, the court seems to imply in Boyar that the doctrine must be applied based on equity fairly, looking to the totality of the facts and circumstances of the individual case to decide whether or not the doctrine should be applied.”

The last time the state Supreme Court dealt with the doctrine of election at all was in 1955.

“The doctrine has been applied in a very draconian fashion,” Fumagalli said. “Having started out as an equitable doctrine, it became somewhat rigidly applied by the courts.

“Going forward, this introduces a strong measure of fairness.”

December 31 marked the culmination of Chuhak & Tecson’s 25^th anniversary year, and with it, the culmination of “25 Ways of Giving Back”—the firm’s yearlong community service initiative reflecting its commitment to the people and communities of Chicagoland.

Throughout 2012, Chuhak & Tecson attorneys and staff teamed up to complete 25 service projects in honor of the firm’s clients, friends and strategic partners. Projects ranged from serving meals to the homeless, to shaking cans at Misericordia Candy Days, to providing estate planning documents for Chicagoland police officers, firefighters and first responders.

In the firm’s largest project, about 75 employees spent a weekday afternoon packing food at Greater Chicago Food Depository. Attorneys, secretaries and staff members were divided into two teams—one team packed 13,500 pounds of summer sausage and the other packed 5,775 pounds of pasta to be distributed to local food pantries for people in need.

“Volunteering at the Food Depository was a truly incredible experience for the firm,” said Principal Ed Josephson. “The food packing exercise enabled us to foster team-building among our employees, while simultaneously helping to make a difference in the Chicago community.”

It was fitting for Chuhak & Tecson to celebrate its Silver Anniversary with “25 Ways,” as community service has been a core value of the firm since it opened its doors in 1987. Through “25 Ways,” the firm hoped to inspire others to make 2012 a year of service as well. Friends and family members of firm employees participated in a number of service projects, and the firm also received outside support from the general public. Other local law firms even stepped up to hold their own “Jeans Days” after hearing about the firm’s first event, which benefitted Chicago Legal Clinic.

One of the hallmarks of “25 Ways” was the variety of projects firm employees could participate in. Monetarily, the firm donated and collected over $8,000 for organizations across Chicago, including Elim Christian School, Bridge Communities and My Brother’s Kitchen. Additionally, the firm collected over 1,700 teddy bears, books, food items, school supplies and pieces of clothing for organizations like Young Women’s Leadership Charter School and Volunteers of America of Illinois.

The service initiative wrapped up with two events in December. The firm held a Jeans Day, with employees donating a total of $630 to the American Red Cross to benefit victims of Hurricane Sandy. In a holiday-themed activity, employees baked and donated cookies to Advocate Hospice, which helps patients with terminal illness live each day to the fullest.

“2012 has been an exciting, inspiring, rewarding year for Chuhak & Tecson,” Josephson said. “We are proud of what we have accomplished and the effort put forth by our loyal and dedicated employees.

“We look forward to continuing service to the people of Chicagoland.”

Chuhak & Tecson’s yearlong community service initiative continued with four events in October and November.

Event Partner: Soldiers’ Angels

In October, firm employees crafted 25 blankets for Soldier’s Angels just in time for the winter. The blankets were distributed to soldiers overseas to help keep them warm during the upcoming months.

A volunteer-led organization, Soldiers’ Angels provides aid and comfort to military personnel, veterans and their families. To date, the organization has sent hundreds of thousands of care packages and letters to soldiers deployed overseas, has provided care to military personnel in VA facilities, and has distributed voice-controlled laptops to more than 6,000 severely wounded soldiers, among other projects. For more information, visit soldiersangels.org/.

Event Partner: Young Women’s Leadership Charter School

On November 8, Young Women’s Leadership Charter School partnered with Chuhak & Tecson for the firm’s seventh Women Helping Women Mix-and-Mingle. The firm also held a Jeans Day November 9 to benefit YWLCS. Collectively, Chuhak & Tecson employees and the 120+ Mix-and-Mingle attendees made financial contributions and donated supplies to the school—468 packages of pens, pencils and markers, 90 reams of copy paper, and dozens of binders, notebooks, rulers, erasers and crayons to the school.

Now in its 13^th successful year, YWLCS educates 350 students in grades 7-12. The only all-girls public school in Chicago, YWLCS emphasizes math, science and technology and graduated 95 percent of the Class of 2012. Ninety-eight percent of these alumnae have gone on to colleges, universities or other post-secondary options. For more information, visit ywlcs.org.

Event Partner: Chicago Bar Association

Chuhak & Tecson attorneys and staff participated in the Chicago Bar Association’s Wills for Heroes event November 10. Approximately 20 employees provided basic will and estate planning services to Chicago firefighters and police officers.

Since 2001, program participants have prepared more than 6,000 estate planning documents for first responders. The Chicago Bar Association runs Wills for Heroes every other month. For more information, visit chicagobar.org.

Event Partner: United Cerebral Palsy of Greater Chicago

To make the holidays brighter for local children, firm employees participated in a holiday gift drive sponsored by the United Cerebral Palsy Association of Greater Chicago. About 30 firm members brought in toys to be gifted to nearly 45 children suffering from disabilities.

Founded in 1951, UCP offers a variety of programs and services to advance the independence of children and adults living with disabilities. For more information, visit ucpnet.org.

December has arrived and Chuhak & Tecson, P.C. is closing out its yearlong community service initiative with an appropriately holiday-themed activity—cookie baking.

Firm employees are baking and donating homemade cookies for families served by Advocate Hospice. A division of Advocate Health Care, Advocate Hospice helps patients with terminal illnesses manage their pain and live each day to the fullest. Learn more about Advocate Hospice: http://www.advocatehealth.com/hospice.

Cookie baking will serve as the 25th and final event in Chuhak & Tecson’s 25 Ways to Give Back service initiative. In honor of our clients and our silver anniversary, the firm is participating in 25 community service events throughout the year. Projects include everything from volunteering at senior centers, to preparing a meal at Ronald McDonald House, to a backpack collection for underprivileged youth. For more information and ongoing updates, visit 25 Ways We’re Giving Back.

Chuhak & Tecson’s “25 Ways to Give Back” program continues with a Jeans Day to benefit victims of Hurricane Sandy.

On Jeans Days, employees who contribute at least $10 to a selected not for profit organization can wear denim to the office. Donations collected will go to the American Red Cross, which continues to assist millions of people in the Northeast who have been affected by Hurricane Sandy.

Almost 9,000 Red Cross volunteers have been deployed to the East Coast to assist with relief efforts. The organization has already distributed millions of food, clothing and relief items to those in need. To donate to the Red Cross’s Sandy efforts, visit https://www.redcross.org/donate/index.jsp?donateStep=2&itemId=prod10002.

The Red Cross Jeans Day will serve as the 24th event in Chuhak & Tecson’s 25 Ways to Give Back service initiative. In honor of our clients and our silver anniversary, the firm is participating in 25 community service events throughout the year. Projects include everything from volunteering at senior centers, to preparing a meal at Ronald McDonald House, to a backpack collection for underprivileged youth. For more information and ongoing updates, visit 25 Ways We’re Giving Back.