In re Guardianship of A.G.G., a Minor, 406 Ill.App.3d 389, 350 Ill.Dec.12, 948 N.E.2d 81 (5th Dist., 2011). When a petition is filed for guardianship of a minor under the Probate Act the petitioner must first demonstrate standing in an evidentiary hearing. The Act provides that the court lacks jurisdiction if the monor has a [...]
Read MoreRecent Cases: Linton v. U.S.
Linton v. U.S., 638 F. Supp. 1277 (W. Dist. Wash., 2009). Transfers of assets to a LLC followed by transfers of the interests in the LLC to trusts for the benefit of the transferor’s children was held a step transaction.
Read MoreRecent Cases: Ernest and Sonneborn v. Chumley
Ernest and Sonneborn v. Chumley, 403 Ill.App.3d 710, 344 Ill.Dec.73, 936 N.E.2d 602 (4th Dist., 2010). Where an agreement is made as to mutual wills which does not restrict the survivor’s use of the property, the survivor can use the income and reasonable amounts of the principal for support and may change the form of [...]
Read MoreRecent Cases: Estate of Henry v. Wemple
Estate of Henry v. Wemple, 396 Ill.App.3d 88, 335 Ill.Dec. 512, 919 N.E.2d 33 (1st Dist., 2009). Beneficiaries of a will made by a testator prior to his being declared disabled lack standing to appeal from an order obtained by the testator’s guardian allowing changes in the will which terminate their interests since their interests were [...]
Read MoreRecent Cases: Dunn v. Patterson
Dunn v. Patterson, 395 Ill.App.3d 914, 335 Ill.Dec. 685, 919 N.E.2d 404 (3rd Dist., 2009). A provision in estate planning documents that allows the person creating the documents to amend them only with the consent of the attorney who prepared the documents is valid, at least where the client gave informed consent to the provision [...]
Read MoreRecent Cases: Herlehey v. Bistersky Trust
Herlehey v. Bistersky Trust, 407 Ill.App.3d 878, 347 Ill.Dec. 190, 947 N.E.2d 23 (1st. Dist., 2010) A bank that is trustee of a trust has no duty to prepare documents for an amendment to the trust even if it is aware that the grantor wants to amend the trust. Trust amendments prepared by non-lawyers are [...]
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