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.