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Samantha E. Weissbluth
Senior Counsel
Samantha Weissbluth is senior counsel with Foley & Lardner LLP, concentrating her practice on estate and trust litigation with a particular interest in risk management.Ms. Weissbluth began her career in estate planning, administration and employee benefits and has channeled her experience and knowledge into a successful estate and trust litigation practice. Her current practice encompasses all aspects of estate, trust and fiduciary litigation, including breach of fiduciary duty issues, judicial constructions of will and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, wrongful death actions, and appeals. She also has significant experience in estate, trust, guardianship and charitable administration. Ms. Weissbluth is a frequent author and speaker, and selected publications and speaking engagements of note include: - Co-author, "Fiduciary Litigation Decisions," Monthly Trusts & Estates Magazine e-newsletter, January 2006 – present
- Co-author, "Termination of the Trust," published in the Trust Administration handbook by the Illinois Institute for Continuing Legal Education (IICLE), 2008
- Co-author, "Trust Litigation," published in the Trust Administration handbook by the IICLE, 2008
- Co-author, "Will Contests," published in the handbook entitled, Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests, IICLE 2009
- Co-author, "Trust Contests," published in the handbook entitled, Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests, IICLE 2009
- Co-author, "Heirship, Adoption and Paternity," published in the handbook entitled, Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests, IICLE 2009
- "The Updated Risk Management Primer," ALI-ABA Representing Estate and Trust Beneficiaries and Fiduciaries conference, 2009
- "Risk Management for Trustees: Becoming Ill-Suited for Litigation," ALI-ABA Risk Management for Trustees conference, 2010
Ms. Weissbluth's professional activities include significant pro bono work, membership on the Young Professional's Advisory Committee of the Chicago Community Trust and membership in the Chicago Bar Association and Illinois State Bar Association. Ms. Weissbluth earned both her B.A. (English and political science) and her law degree from Northwestern University. She is admitted to the bar in Illinois and is admitted to practice before the U.S. District Court for the Northern District of Illinois. 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.
- Successfully defended an action on behalf of a decedent's brother in a hotly contested case involving heirship, paternity and DNA testing.
- Negotiated a settlement of only $10,000 for a charitable client which was involved in a contested claim action in which the claimant sought nearly $257,000 from the charity's bequest under a decedent's will.
- In a highly publicized case brought by the Illinois Attorney General against an investment company seeking treble and punitive damages for an alleged violation of the Charitable Trust Act, briefed an ultimately successful motion to dismiss arguing that the company should be dismissed as a party defendant because it did not qualify as a charitable "trustee" under the Act.
- One of three lead attorneys in a complex trust litigation case in Pennsylvania, the crux of which involved the appointment of a successor corporate trustee to a trust holding as its sole assets shares of a publicly traded corporation. Part of the work involved establishing a private trust company to put forth as a successor trustee candidate. This matter resulted in several appeals.
- Successfully briefed and argued a motion for judgment on the pleadings which the court granted on behalf of a charitable client involved in a dispute over the validity of a trust amendment executed on the decedent's deathbed (the trust amendment altered the decedent's estate plan and left everything to the decedent's niece instead of the charitable client).
- Represented several charitable beneficiaries seeking early termination of a charitable trust. Briefed a petition for trust termination and helped secure the support of the Illinois Attorney General. The court ultimately granted the petition.
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