The Illinois Supreme Court has announced that on Thursday morning, it will file its opinion in In re Estate of Boyar. Boyar presents the issue of whether the doctrine of election – which teaches that a party may not accept benefits under an instrument and later challenge that instrument’s validity – applies to trusts. Our detailed summary … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with In re Estate of Boyar. Can you accept money from your parents’ will and then challenge it in court? No; that’s settled in nearly every state. But, as counsel for the trustee in Boyar told the Court, living trusts have become … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Mathis v. Mathis. Mathis presents a question which frequently arises in divorce proceedings: when a significant period passes between the divorce and the property settlement, what is the date on which the property is valued? For the first time in the term, … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with In re Estate of Boyar [pdf]. So you’ve decided there was something not quite right about a parent’s will. Can you take the money and then file a will challenge? The answer nearly everywhere is thoroughly settled: No. But what if Dad had a … Continue Reading
