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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.
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