Close

Articles Posted in Probate Litigation

Updated:

Illinois Appellate Court Holds When More Than Two Years Have Passed After Decedent’s Death, Mortgagee May Not Initiate a Foreclosure

Thomas Topal owned real estate in Benld, Ill., when he died on March 15, 2017.  The mortgage on the property was held by First National Bank in Staunton, Ill. In February 2020, Associated Bank N.A. (Associated) acquired First National Bank and succeeded it as mortgagee. On Oct. 22, 2020, just…

Updated:

Illinois Appellate Court Affirms Distribution of $9 Million Estate to Unrelated Individuals

Audrey Mivelaz had $9 million in assets and no estate plan, no testamentary capacity and no known heirs. However, she had several close, loving friends who knew her for decades and helped care for her as she sank into dementia. After an unsuccessful search for heirs, the plenary guardian of…

Updated:

U.S. Court of Appeals Affirms Denial of Lawsuit Regarding $3 Million Estate to Homeless Individual

Katherine Black sued two defendants for defamation and intentional infliction of emotional distress. Ultimately, the trial did not go as she had expected; the jury rejected her claims. On appeal, she argued that her trial was riddled with errors. She requested that the U.S. Court of Appeals for the 7th…

Updated:

Illinois Appellate Court Affirms Summary Judgment in Favor of the Estate on Claimed Defendant by Dead Man’s Act

On Feb. 16, 2017, Kevin and Anita Crawford died in an automobile crash along with one of their children. The remaining two children were placed in the care of Anita’s parents. Anita’s father, Irwin Schmidt, was named the executor of their estate on April 10, 2017. On Aug. 4, 2017,…

Updated:

Illinois Appellate Court Finds That an Inadmissible Will by Decedent’s Clear Intent Revokes Earlier Will

Paul Oleksiuk’s legacy included an intricate probate puzzle. His 2012 will revoked his 2011 will.  He died in 2014 before finalizing a revision to a 2012 will. However, on June 9, 2017, a Cook County judge ruled that the 2012 will didn’t qualify for admission to probate because it wasn’t…

Updated:

Illinois Appellate Court Affirms Trial Court’s Decision on Claim of Ownership of Four Works of Art

Daniel and Rachel Brenner purchased four works of art from Evelyn Statsinger in the 1950s and 1960s. The artworks were displayed in the Brenner home continuously through the time of Daniel’s death in 1977 and Rachel’s death in 1990. The Brenner children, Ariel and Jonathan Brenner, inherited the artwork. When…

Updated:

Illinois Appellate Court Vacates and Remands Case Dismissed; Contest Over Mutual Last Will and Testament

In 1983, Alma and Israel Zivin executed a mutual last will and testament. The will stated that upon either the death of Alma or Israel, all property would go to the other. The will further stated that in the event that they both died or upon the death of their…

Updated:

Warranty Deed Was Found Invalid Because Guardianship Was Never Canceled

Jose Adame paid $145,000 for a house that was being sold by joint tenants, Arnold and Arthur Lynch. There was a problem with the warranty deed that Arnold signed in June 2005. In 2002, Arnold was in a coma following a car accident. The judge appointed James Brya as plenary…

Updated:

Illinois Appellate Court Finds No Evidence of Bad Faith in Estate Dispute

The Rev. Timothy O’Malley and William O’Malley were two of Eileen O’Malley’s sons. In 1996, Eileen O’Malley experienced the first signs of dementia. The same year, Eileen and Timothy opened a joint checking account with First Midwest Bank Corp. Eileen instructed that the account statements be sent to the Palos…

Updated:

Illinois Appellate Court Reverses and Remands a Case Involving the Imposition of a Constructive Trust and an Award of Attorney Fees and Punitive Damages Relating to a Guardianship

Richard Yanni appealed from the trial court’s order that imposed a constructive trust on property he owned and awarded attorney fees and punitive damages against him. The appellate court ruled that the trial court was wrong in denying his motion to dismiss. Accordingly, the Illinois Appellate Court vacated the trial…

Contact Us