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Zander v. Department of Human Services, unpublished, 1-09-0979 (1st Dist., 3/15/10). The transfer of the beneficial interest in a land trust can constitute a payment that is not an income payment from a revocable trust, thus subjecting the transferor to a 60 month rather than a 36 month lookback period under the Medicaid Act.

ABN AMRO Mortgage Group, Inc. v. McGahan, 237 Ill.2d 526, 342 Ill.Dec. 7, 931 N.E.2d 1190 (2010). The estate of a deceased mortgagor must be made a party to a suit for foreclosure of the mortgage.

The Carlton At The Lake, Inc. v. Barber, 401 Ill.App.3d 528, 340 Ill.Dec. 669, 928 N.E.2d 1266 (1st Dist, 2010). The Nursing Home Care Act requires a written contract between the home and each resident. When there is only an oral agreement the home cannot recover in contract. However, it can recover in quantum meruit.

Dougherty v. Cole, 401 Ill.App.3d 341, 343 Ill.Dec. 16, 934 N.E.2d 16 (4th Dist. 2010). The provision in the Probate Act known as the Slayer Statute, 755 ILCS 5/2-6, prohibits someone who intentionally and unjustifiably causes the death of another from receiving any property, benefit or other interest as a result of the death. There is no exception for a mentally ill or insane slayer.

Estate of Gracie Ellis, 236 Ill.2d 45, 337 Ill.Dec. 678, 923 N.E.2d 237 (2009). This unpublished opinion reversed 381 Ill.App.3d 427, 320 Ill.Dec. 323, 887 N.E.2d 467 (1st Dist., 2008) which held that the six month limitation period for filing will contests applies to claims for tortous interference with an inheritance expectancy filed in an estate if the success of the claim would involve invalidating the will.

In re Estate of Bitoy, 395 Ill.App.3d 262, 334 Ill.Dec. 477, 917 N.E.2d 74 (1st Dist., 2009). This case explains the considerations applicable to attorneys fee petitions in estates. There should be detailed contemporaneous time records. The time for each separate task should be recorded separately. Fees for opposing other fee petitions may be denied unless it can be shown that but for the opposition the court would have allowed more.

In re Estate of Max Feinberg, 235 Ill.2d 256 (2009). A power of appointment can validly designate as takers on the holder’s death those then living descendants who have not married outside a particular faith. The court noted that the provision had no prospective application to descendants who might so marry later.

In re Estate of Pellico,  394 Ill.App.3d 1052, 334 Ill.Dec. 12, 916 N.E.2d 45 (2nd Dist., 2009). A court in which a guardianship is pending has authority to approve temporary guardian and guardian ad litem fees after death of the ward.

Glavinskas v. William L. Dawson Nursing Center, Inc., 392 Ill.App.3d 347, 332 Ill.Dec. 188, 912 N.E.2d 675 (1st. Dist., 2008). Settlement of  a claim for personal injuries to a disabled person must be approved by the court appointing the guardian according to court rules. (In Cook County the settlement must also be papproved in the court where the claim is filed.) If the settlement is not so approved the order approving it and dismissing the case can be vacated under Section 2-1401 of the Code Of Civil Procedure more that 30 days after its entry.

In re Estate of Lieberman, 391 Ill.App.3d 882, 330 Ill.Dec. 893, 909 N.E.2d 915 (2nd Dist., 2009). The prudent investor rule applies to trustees, but not to guardians, except to the extent they make decisions to invest in common trust funds and mutual funds. The prudent person standard applies to guardians. That standard can be violated by the investment of estate funds in short term fixed income investments when the ward does not need current income and would benefit from growth in value of the assets. The fact that the Act alows the short term fixed income investments does not insulate the guardian from liability. The guardian must still invest as a prudent person would.