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Articles Posted in Trust Litigation

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Illinois Appellate Court Affirms Summary Judgment in Favor of the Estate on Claimed Defendant by Dead Man’s Act

On Feb. 16, 2017, Kevin and Anita Crawford died in an automobile crash along with one of their children. The remaining two children were placed in the care of Anita’s parents. Anita’s father, Irwin Schmidt, was named the executor of their estate on April 10, 2017. On Aug. 4, 2017,…

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Illinois Appellate Court Vacates and Remands Case Dismissed; Contest Over Mutual Last Will and Testament

In 1983, Alma and Israel Zivin executed a mutual last will and testament. The will stated that upon either the death of Alma or Israel, all property would go to the other. The will further stated that in the event that they both died or upon the death of their…

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Illinois Appellate Court Holds that a Home Listed as Part of a Trust Belongs to the Trust Even if the Deed Was Not Formally Transferred

The Illinois Appellate Court has ruled in a dispute regarding who should inherit a home in Highland Park, Ill. Although a trust instrument stated the house was part of the trust, there was no separate, formal documentation showing that a transfer of the house had been placed in the trust.…

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Former U.S. Senator John Danforth Cuts Ties to St. Louis Law Firm Over Conflict with Banking Client

Former Republican U.S. Senator John Danforth has left the St. Louis law firm of Bryan Cave because of a high-profile case that involved a $77 million jury verdict against Wells Fargo & Company. It was an odd ending to a long relationship of a stalwart of Missouri politics and law.…

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Illinois Appellate Court Finds that DNA Testing is Valid in Trust Contest

The beneficiaries of the Barbara B. Kaull Trust included the biological children of Mark James Kaull’s father, Mark Kaull, who died in 2010. Mary Kaull, acting as trustee of the Barbara B. Kaull Trust, petitioned the court for a ruling on whether Mark, the elder, was also the father of…

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Guardian of a Disabled Person Can Be Removed for Refusing to Follow Recommended Services

The Illinois Appellate Court has affirmed the decision by a Cook County associate judge who ordered the removal of the guardian of a disabled person. On Feb. 24, 2009, Patricia Herard was adjudicated by the court to be disabled. Herard was diagnosed with “profound mental retardation and legal blindness.”  It was…

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Illinois Appellate Court Finds Trust Dispute Can Remain in Cook County Court

In an Illinois Appellate Court decision, it was found that a trust’s beneficiaries had sufficient minimum contact with the state simply through their ownership interest of a trust administered by an Illinois resident. In May 2012, a Cook County associate court judge dismissed the trust dispute case for lack of…

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