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David M. Lutrey

Attorney Profile

Top Rated Estate Planning & Probate Attorney in Lake Forest, IL

Lesser Lutrey Pasquesi & Howe, LLP
191 E. Deerpath Rd., Suite 300
Lake Forest, IL 60045
Phone: 847-235-6745
Fax: 847-295-8886
Selected to Super Lawyers: 2014 - 2022
Licensed in Illinois Since: 1996
Practice Areas: Estate Planning & Probate, Estate & Trust Litigation
Attorney Profile

David M. Lutrey is a partner at Lesser Lutrey Pasquesi & Howe, LLP, in Lake Forest, Illinois. He focuses his practice on trust, estate and guardianship litigation, complex estate planning, and estate and trust administration. Mr. Lutrey also represents financial institutions when they are creating or implementing trust and policy manuals and employee training.

Mr. Lutrey is admitted to practice in the state of Illinois and the U.S. District Court for the Northern District of Illinois. He is a dedicated and zealous advocate for his clients, who fights aggressively for their rights. He prioritizes his clients’ best interests with an unswerving commitment to their needs.  

Mr. Lutrey has a Bachelor of Science degree from the University of Illinois and a Master of Business Administration degree in finance from the Kellstadt Graduate School of Business at DePaul University. He obtained his Juris Doctor degree from the DePaul University College of Law.

Active in the legal field, Mr. Lutrey has memberships in the Chicago Bar Association; the Illinois State Bar Association, serving as chairman of the Trusts and Estates Section Council’s Litigation Committee, and the Litigation Counsel of America. He is a fellow at the American College of Trust and Estate Counsel as well.

Mr. Lutrey has been co-chair of Lake County Bar Association’s Wills, Trusts and Probate Section and president of the Lake County Estate Planning Council. Mr. Lutrey also served on the Estate Planning Short Course Board for the Illinois Institute of Continuing Legal Education.  

A firm believer of giving back to his community, Mr. Lutrey has been actively involved in pro bono activities, such as being a president at Lake Forest/Lake Bluff Chamber of Commerce and Lake Forest/Lake Bluff Rotary. He has also been a member of the Lake Forest Caucus and the City of Lake Forest Central Business District Task Force as well as a board member of the Lake Forest/Lake Bluff Historical Society.

Mr. Lutrey has published his written work in several prominent publications and is an ardent speaker who has lectured numerous times at legal organizations and continuing legal education platforms. He is AV Preeminent-rated, the highest rating,* through Martindale Hubbell and has a “Superb” rating on Avvo. He has also been selected for inclusion on the Leading Lawyers list by the Law Bulletin Publishing Group every year since 2016.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Practice Areas
  • 70%Estate Planning & Probate
  • 30%Estate & Trust Litigation
Focus Areas

Estate Planning, Guardianships & Conservatorships, Living Wills, Power of Attorney, Probate & Estate Administration, Trusts, Wills, Will Contests

Selections

9 Years Super Lawyers
  • Super Lawyers: 2014 - 2022

About David M. Lutrey

First Admitted: 1996, Illinois

Professional Webpage: https://www.llphlegal.com/attorney/david-m-lutrey/

Representative Clients

  • Corporate fiduciaries and individuals

Verdicts/Settlements

  • Estate of Weiland, 788 N.E.2d 811 (2 Dist., 2003)
  • Estate of Walsh, 972 N.E.2d 248 (2 Dist., 2012)
  • $1,000,000 undue influence award, Estate of Augusta Gershman, Deceased, 2017

Pro bono/Community Service

  • City of Lake Forest: Central Business District Task Force, Retired Member
  • Lake Forest Caucus Retired Member
  • Lake Forest/Lake Bluff Rotary: Past President
  • Lake Forest/Lake Bluff Chamber of Commerce: Past President
  • Lake Forest/Lake Bluff Historical Society: Board Member

Bar/Professional Activity

  • Lake County Bar Association: Co-Chair, Wills, Trusts and Probate Section, 2011 - 2015
  • U.S. District Court Northern District of Illinois, 2016
  • Chicago Estate Planning Council: Member, Public Outreach Committee
  • Adjunct Professor at Loyola Law School, Chicago, IL, 2011 - 2015, Drafting Wills and Trusts
  • Illinois, 1996
  • Chicago Bar Association: Member, Wills, Trusts and Probate Sections, 1996 - Present
  • Illinois Institute of Continuing Legal Education: Estate Planning Short Course Board, 2009 - Present
  • Litigation Counsel of America ("LCA"), Fellow, 2015 - Present
  • Lake County Estate Planning Council: Past President, 2007 - 2008
  • Illinois State Bar Association Trusts and Estates Section Council: Member, 2009 - Present; Chairman of the Council's Legislative Committee, 2010 - 2014
  • American College of Trust and Estate Counsel ("ACTEC"), Fellow, 2014 - Present

Educational Background

  • University of Illinois, B.S., 1992
  • Kellstadt Graduate School of Management, M.B.A. (Finance), 1996

Honors/Awards

  • As of 2015, Mr. Lutrey has been awarded the highest rating for skill and ethics by both his peers and the judiciary, AV Rating, Martindale-Hubbell, 2021
  • Super Lawyer, Thompson Reuters, 2014 - Present, 2021
  • Since 2016, Mr. Lutrey has been selected as a Leading Lawyer by the Law Bulletin Publishing Group, Leading Lawyer, Law Bulletin Publishing Group, 2021

Scholarly Lectures/Writings

  • A review, discussion and analysis of various multistate jurisdictional concerns faced by trustees and beneficiaries involved in litigation over trusts including an analysis of Illinois law and how it relates to Federal and U.S. Constitutional law., Lecturer, Multistate Jurisdiction over Trustees and Beneficiaries, Illinois Institute for Continuing Legal Education, 2022
  • A review, discussion and analysis of various multistate jurisdictional concerns faced by trustees and beneficiaries involved in litigation over trusts including an analysis of Illinois law and how it relates to Federal and U.S. Constitutional law., Lecturer, Multistate Jurisdiction over Trustees and Beneficiaries, Lake County Bar Association, 2021
  • A summary of key changes to existing Illinois law taking effect with the Illinois Trust Code's effective date of 2019, January 1, 2020, Lecturer, The Illinois Trust Code: Key Changes, Lake County Bar Association, 2020
  • A summary of key changes to existing Illinois law taking effect with the Illinois Trust Code's effective date of 2019, January 1, 2020, Lecturer, The Illinois Trust Code: Key Changes, Chicago Bar Association, 2019
  • Chapter 4 in the Illinois Institute of Continuing Legal Education's 2018 publication of its handbook entitled "Estate Administration", Lead Author, Considerations in Advising the Fiduciary After Death, Illinois Institute for Continuing Legal Education, 2018
  • A discussion of the use of Virtual Representation Agreements for Trusts, 2017, Lecturer, Virtual Representation Agreements, Illinois State Bar Association, Chicago Illinois, 2017
  • A discussion of multistate jurisdictional concerns in guardianships, 2017, Lecturer, Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2017
  • A primer on the Illinois Trusts and Trustees Act, 2017, Lecturer, Overview of the Trusts and Trustees Act, Chicago Estate Planning Council, Chicago Illinois, 2017
  • A discussion of the role, uses and methods of estate and trust inventories, including valuations of estate and trust assets for all purposes, 2016, Lecturer, Trust and Estate Inventories and Asset Valuation, Chicago Estate Planning Council, Chicago Illinois, 2016
  • A discussion of the use of virtual representation agreements to resolve trust matters, 2016, Lecturer, Virtual Representation Agreements, Lake County Bar Association, Lake Forest Illinois, 2016
  • A discussion of the Estate of Ernie Banks, using the legal issues raised in that case as a reference point for analysis of pertinent legal concepts in trust and estate planning, administration and litigation, 2016, Lecturer, The Ernie Banks Estate: Lessons for Estate Planners, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2016
  • A discussion of the Estate of Ernie Banks, using the legal issues raised in that case as a reference point for analysis of pertinent legal concepts in trust and estate planning, administration and litigation, 2016, Lecturer, The Ernie Banks Estate: Lessons for Estate Planners, Illinois Institute for Continuing Legal Education, Champaign Illinois, 2016
  • A discussion of the Illinois Trusts and Trustees Act for insurance, investment and legal practitioners, 2016, Lecturer, The Illinois Trusts and Trustees Act, Chicago Estate Planning Council, Chicago Illinois, 2016
  • An overview of recent changes in Illinois concerning trusts and estates, 2015, Co-Author, Survey of Illinois Law:  Trusts and Estates, Southern Illinois University Law Journal, Volume 39, Summer 2015, 2015
  • A discussion of the legal implications arising when there is a dispute or litigation between multiple fiduciaries, 2015, Lecturer, Battling Co-Trustees, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2015
  • An in depth discussion of the nature, avenues, process and procedure of estate and trust litigation from the viewpoint of the fiduciary., Lecturer, Fiduciary Litigation, ApexCLE, 2015
  • An entry level discussion of Trusts and the Illinois Trusts and Trustees Act, 2015, Lecturer, The Illinois Trusts and Trustees Act, Chicago Estate Planning Council, Chicago Illinois, 2015
  • A discussion of the role estate planning has in the marital planning context, 2014, Lecturer, Estate Planning and Marital Agreements, Illinois Institute for Continuing Legal Education, Champaign Illinois, 2014
  • An in depth discussion of the process, procedure, strategy and legal requirements of forcibly removing an executor or administrator from their fiduciary office, 2014, Lecturer, Removal of Personal Representative, Lake County Bar Association, Lake Forest Illinois, 2014
  • An overview of the Illinois Trusts and Trustees Act for lawyers and investment professionals., Lecturer, Overview of the Trusts and Trustees Act, Chicago Estate Planning Council, 2013
  • An in depth discussion of various ethical considerations attorneys face in performing estate planning services., Lecturer, Ethical Considerations in Estates Planning, Illinois State Bar Association, 2013
  • Discussion of the uses and mechanics of the irrevocable life insurance trust., Lecturer, The Irrevocable Life Insurance Trust, Illinois State Bar Association, 2013
  • A thorough discussion of the newly passed trust decanting rules on decanting to a special needs trust, 2013, Lecturer, Decanting to a Special Needs Trust, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2013
  • A discussion of the policy and law in allowing courts to apply concepts of fairness in claims against a decedent's probate estate, 2013, Author, The Evolving Law Surrounding Quantum Meruit Claims Against Decedents' Estates, Illinois State Bar Association's Trust and Estates Newsletter, 2013
  • An introductory discussion of trust planning, 2013, Lecturer, Using Trust Instruments, Illinois State Bar Association, Chicago Illinois, 2013
  • A discussion of issues and rules specific to real estate in the estate planning and administration process, 2013, Lecturer, Unique Issues and Opportunities in Planning for the Personal Residence, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2013
  • An in depth discussion of GST exemption allocation for split interest gifts, 2013, Lecturer, Split Interest Gifts and Allocation of Generation Skipping Transfer Tax Exemption on the 709, Chicago Bar Association, Chicago Illinois, 2013
  • An in depth discussion and analysis of the newly passed trust decanting and directed trust provisions of the Illinois Trusts and Trustees Act, 2012, Lecturer, Trust Decanting and Directed Trusts, Lake County Bar Association, Lake Forest Illinois, 2012
  • A thorough discussion of representation of trust and estate beneficiaries in both good and bad situations, including litigation, 2012, Lecturer, Representing the Beneficiary, Illinois Institute for Continuing Legal Education, Champaign Illinois, 2012
  • Focus on the fiduciary's side of estate and trust litigation, 2011, Lecturer, Fiduciary Litigation, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2011
  • An introduction to the structure and use of a will, 2011, Lecturer, Anatomy of a Will, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2011
  • A thorough discussion of the procedure, policy and litigation of claims in decedent's probate estates, 2010, Lecturer, Claims and Insolvent Probate Estates, Illinois State Bar Association, Naperville Illinois, 2010
  • A thorough discussion of the procedure, policy and litigation of claims in decedent's probate estates, 2010, Lecturer, Contested Claims in Probate Estates, Illinois Institute for Continuing Legal Education, Chicago Illinois, 2010
  • A discussion of the principal ethical concerns raised in the representation of estate planning clients, 2009, Lecturer, Estate Planning Ethics, Illinois Institute for Continuing Legal Education, Champaign Illinois, 2009
  • A discussion of the principal ethical concerns raised in the representation of estate planning clients, 2009, Lecturer, Estate Planning Ethics, Lake County Bar Association, New Orleans Louisiana, 2009
  • A discussion of the remedy of Specific Performance in the real estate context, 2008, Lecturer, Specific Performance in Real Estate Matters, Lake County Bar Association, Las Vegas Nevada, 2008
  • A discussion of concerns raised with durable powers of attorney for persons with disabilities, including a comparison to guardianships, 2007, Author, Durable Powers of Attorney and the Disabled - Who's Watching?, Lake County Bar Association's Docket, 2007
  • A comparison between guardianships and powers of attorney for persons with disabilities, 2006, Lecturer, Guardianship v. Powers of Attorney, Lake County Bar Association, Lake Forest Illinois, 2006
  • An in depth discussion of the process, procedure, strategy and legal requirements of forcibly removing an executor or administrator from their fiduciary office, 2005, Lecturer, Removal of Executors/Administrators, Lake County Bar Association, Lake Forest Illinois, 2005
  • An in depth review of law concerning contested claims in probate estates, 2004, Lecturer, Contested Claims in Probate Estates, Lake County Bar Association, Lake Forest Illinois, 2004
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Office Location for David M. Lutrey

191 E. Deerpath Rd.
Suite 300
Lake Forest, IL 60045

Phone: 847-235-6745

Fax: 847-295-8886

Last Updated: 5/15/2022

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