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Estate of Bantsolas v. Bantsolas, 377 Ill.App.3d 684, 316 Ill.Dec. 203, 878 N.E.2d 1227 (1st Dist., 2007). Where the documentation for a land trust requires that amendments are not effective until delivered to the trustee, an amendment made before death by a decedent is effective if delivered before death, even though not accepted by the trustee until after death. The party challenging the amendment has the burden of proving it was not delivered before death.

Estate Of Klehm, 363 Ill.App.3d 373, 299 Ill.Dec. 825, 842 N.E.2d 1177 (1st Dist., 2006). A lawyer cannot represent the executor of an estate in litigation adverse to a former client’s interest in a matter substantially related to the former representation under Rule 1.9 of the Rules of Professional Conduct. this rule is not violated in a citation proceeding when the lawyer for the executor has formerly represented the respondents in a real estate loan transaction and has previously represented the executor of another estate of which the respondents were the beneficiaries. The citation proceeding involved transfers of assets from the decedent to the respondents and the lawyer was not inolved in those transactions.

In re Estate of Wright, 377 Ill.App.3d 800, 317 Ill.Dec.194, 881 N.E.2d 362 (2nd dist., 2007). An attorney who represented a decedent in a transaction where money was transferred from her to her son cannot later represent the son in challenging a trust amendment she made later treating the transfer as a loan to be repaid or deducted from the son’s share of the trust. Under Rule of Professional Conduct 1.9 an attorney who has formerly represented a client shall not represent another person in the same or a substantailly related matter where the first client’s interests are materially adverse to the second clident’s interests.

Ranger v. Ranger, 379 Ill.App.3d 752, 318 Ill.Dec.519, 883 N.E.2d 750 (4th Dist., 2008). Where a trust contains conflicting provisions as to the distribution of property (such as 1,at the death of the grantor or 2, at the death of the life beneficiary) the grantor’s intent will be determined from construing the trust as a whole and each provision should be viewed in light of all the other parts.

In re Estate of Eric Cage, 381 Ill.App.3d 110, 319 Ill.Dec.206, 885 N.E.2d 477 (1st dist., 2008). The minor would have if an adult and the guardian may nominate him or herself.

LaSalle National Bank v. Willis, 378 Ill.App.3d 307, 317 Ill.Dec.83, 880 N.E.2d 1075 (1st Dist., 2007). Absent a specific statutory provision therefor, a claim for punitive damages does not survive the death of a decedent.

In re Estate of Ellis, 381 Ill.App.3d 427, 320 Ill.Dec. 323, 887 N.E.2d 467 (1st Dist., 2008). the requirement that will contests be filed within six months from admission of the will to probate applies to a claim for tortious interference with an expectancy where it is alleged that the decedent was improperly influenced to execute a will.

Knight v. Comm. of Internal Revenue, 128 S.Ct.782 (2008). Investment advisory fees paid by a trust can be deducted only to the extent they exceed 2% of adjusted gross income.

Struck .v Cook County Public Guardian, 2007 WL 4145845 (7th Cir., No. 07-2420, 11/26/07). Federal courts will not ordinarily hear probate matters involving questions arising in a guardianship proceeding.

Financial Freedom v. Kirgis, 377 Ill.App.3d 107, 315 Ill.Dec.537, 877 N.E.2d 24, (1st Dist., 2007). A mortgage lender can foreclose a mortgage given by someone who died, although it cannot get a judgment against the decedent’s estate for money unless it files a claim therefor within the time limits prescribed by the Probate Act.

Estate of Roller v. Allison and Davis, 377 Illl.App.3d 572, 316 Ill.Dec. 813, 880 N.E.2d 549 (4th Dist., 2007). By statute an adopted child is a descendant of the adopting parent for inheritance purposes. This rule also applies to a will or trust. With respect to instruments executed before September 1, 1955 it applies unless the intent to exclude the child is demonstrated by the terms of the instrument by clear and convincing evidence or the adopting parent, believing the child would not take under the instrument, acted to substantially  benefit the adopted child compared to the children born to the parent. Use of the words "natural children" or "heirs of the body" does not provide clear and convincing evidence of the document maker’s intention to exclude adopted children.

In re Estate of Howell, 373 Ill.App.3d 342, 310 Ill.Dec. 868, 867 N.E.2d 559 (5th Dist, 2007). A will contest filed within the statutory time limit, but in the wrong division of the court – chancery instead of probate- is timely filed.

The Northern Trust Company v. Knox, et al, 373 Ill.App.3d 479, 311 Ill.Dec.727, 869 N.E.2d 401 (1st Dist., 2007). When interpreting the language of a trust the word "heirs" does not always mean persons appointed by law to inherit in case of intestacy – persons determined as of the date of death. The class of heirs is determined by the testator’s intention and the class can be determined at some time other than the named decedent’s death. For instance, the heirs of a life beneficiary of a trust can be determined as of the termination of the trust rather than at the date of the beneficiary’s death.

Allton v. Hintzsche, 373 Ill.App.3d 708, 312 Ill.Dec.371, 870 N.E.2d 436 (3rd Dist., 2007). Where a marital settlement agreement requires a parent to name his or her child as beneficiary of a life insurance policy and the parent fails to do so, a construstive trust may be imposed on the life insurance proceeds to protect the child’s interest. However, this only applies to existing policies. It does not apply where the agreement is to obtain a policy.

Estate of Lambrecht, 375 Ill.App.3d 865, 314 Ill.Dec.260, 874 N.E.2d 170 (1st Dist., 2007). The Appellate Court will defer to the judgment of the trial court regarding property valuation unless the trial court decision was against the manifest weight of the evidence. In cases involving the appraisal of property, appraisers have wide discretion with respect to the methods and procedures they folllow in determing value.

In re Estate of Phelan, 375 Ill.App.3d 875, 314 Ill.Dec.275, 874 N.E.2d 185 (1st Dist., 2007). A document will be incorporated into a will where: (1) the will itself refers to the document as being in existence at the time of execution of the will and in such a way as to reasonable identify it and make it a part thereof; (2) the ducument is in existence at the time of execution of the will; and (3) the document corresponds to the descrition in the will and is shown to be the instrumjent referred to therein. The document can be in existence even though it is not signed In Phelan a will made a gift to a trust created by a separate document. The trust was signed after the will. The court upheld the gift because the trust docunment was in existence at the time the will was signed.

     In re Estate of Hoellen, 367 Ill.App.3d 240, 305 Ill.Dec. 182, 854 N.E.2d 774 (1st Dist. 1006). In a citation proceeding to recover property under the Probate Act the court has the authority to hear claims of undue influence and breach of fiduciary duty and has authority to render judgment for money damages and punitive damages. Punitive damages are appropriate to punish and deter an intentional breach of fiduciary duty.

     In re Terrell L. v. Dept. of Children and Family Services, 368 Ill.App.3d 1041, 307 Ill.Dec. 113, 859 N.E,2d 113 (1st Dist. 2006). Under the Juvenile Court Act a court may appoint the Department of Children and Family Services as guardian of a minor if that is in the best interests of the child, even though the child has a current guardian that has not been found unfit, unable or unwilling to serve, once the child has been found abused or neglected.

     Estate of Malik v. Lashkariya, 369 Ill.App.3d 457, 308 Ill.Dec. 207, 861 N.E.2d 272 (1st Dist. 2006). Equitable apportionment means that certain expenses, like taxes, are allocated to the beneficiaries of both probate and non-probate assets in the same proportion as the assets caused the expenses to be incurred. This doctrine applies where there is no express direction to the contrary. Where a will says, "all taxes shall be paid by my estate" the doctrine does not apply and the burden of the taxes falls on the probate estate even though they were generated by the assets passing outside probate.

     Jane Doe v. Dilling, 371 Ill.App.3d 151, 308 Ill.Dec. 487, 861 N.E.2d 1052 (1st Dist. 2006) The tort of fraudulent misrepresentation applies outside a noncommercial or nontransactional setting if physical harm is involved. But the plaintiff must be justified in relying on the truth of the statements.

     Estate of Beckhart, 371 Ill.App. 1165, 309 Ill.Dec. 761, 864 N.E.2d 1002 (3rd Dist 2007). A marital settlement agreement that requires an insured to name his or her child as a beneficiary of a life insurance policy vests the child with an equitable right that can be enforced against the insured’s estate. A constructive trust may be imposed on the estate if it receives the funds. Delay in asserting the claim does not give rise to the defense of laches because that does not apply to minors. There is a five year statute of limitations on claims for a constructive trust.

     Grate v. Grzetich, 373 Ill.App.3d 228, 310 Ill.Dec.886, 867 N.E.2d 577 (3rd Dist. 2007). A trustee who has converted trust funds for personal use cannot have his attorneys fees incurred in defending a suit for the conversion paid from the trust.