From new SECURE Act guidance to the invalidation of a forum selection clause by a California court, we have seen some significant developments in estate planning and business law over the past month. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.

Fewer than half of Americans have an estate plan, according to Caring.com’s 2025 Wills and Estate Planning Study. In fact, the share of Americans with a will has steadily declined from 33 percent in 2022 to 24 percent in 2025. Now more than ever, attorneys are vital in educating their communities about estate planning and highlighting the lasting value and legacy protection a well-prepared plan can provide. To support you in these efforts, we are providing a complimentary marketing package for Estate Planning Awareness Week—along with three proven strategies to help you market your practice and spark meaningful conversations.

Recently, WealthCounsel published a blog regarding case law out of New Jersey regarding how the state Medicaid office imposed a penalty when a home was sold for less than fair market value. The Medicaid applicant had argued that the home was in disrepair and so the tax assessor’s value was incorrect. Now, a similar case has come out of Illinois.

In this case, an appellate court affirmed the Illinois Department of Human Services’ decision to subject the decedent, who had applied for Medicaid benefits, to a penalty for selling his home for less than fair market value in the five years before applying for benefits.

The plaintiff, administrator of the decedent’s estate, argued that the Department applied the incorrect section of the Administrative Code in determining the fair market value of the decedent’s residence and therefore incorrectly determined the fair market value of the property, imposing a penalty in error.