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Monthly Archives:August 2019

Plain Meaning of the Trust is What Governs

August 15, 2019

The Second District Court of Appeal’s opinion in Ebeling v. Ebeling (June 7, 2019) reiterated this concept of trust construction.

In Ebeling, the trial court construed the terms of a trust to determine the entitlement to the trust’s assets.  The trial court’s decision on distribution to contingent beneficiaries named in the trust rater than the decedent’s estate was reversed.

The trust was governed by Illinois law but that did not make any difference. …

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Homestead Orders are Permissive

August 1, 2019

In the Fifth District Court of Appeal’s recent opinion in Mullins v. Mullins, June 7, 2019, the court reversed the probate court’s decision, holding that a will established the interest in the real property and not a homestead order from the probate court.

The will that was admitted to probate in this case devised the decedent’s property to her three children, giving a life estate to her two sons.  Subsequently the probate court entered a homestead order, reflecting that the property was devised in equal shares to the decedent’s three children, but the order did not mention the life estate interest of the two sons. …

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