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Articles Posted in Probate litigation

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Illinois Appellate Court Reverses Appointment of an Administrator in an Intestate Probate Estate Relying on Preferences of the Probate Act

Marcellis Stinnette Sr. (“Marcellis Sr.”) was shot and killed by a Waukegan police officer on Oct. 20, 2020. At the time, Marcellis Sr. was in a car driven by Tafara Williams, the mother of his son, Marcellis Jr., while she was attempting to flee the police. The police officer was…

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Illinois Appellate Court Reverses Probate Request for Ancillary Proceeding

Chung I. Huang had a California will and owned real estate in DuPage County, Ill., that was worth more than a $1 million.  When he died, his daughter, I-Chih Amy Huang, petitioned for probate in DuPage County. The judge there instructed her to start first in California and then ask…

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Illinois Appellate Court Affirms Competency of Wife to Serve as Administrator of Her Husband’s Estate

Margaret Decharinte, 93,  was ruled to be competent to act as administrator of the estate of her late husband, Frank Decharinte. A hearing was conducted in 2018 hearing on objections made by her step-daughter, Joanne Bartolone. Bartolone’s attorney reported that she had interviewed Decharinte and that Decharinte “doesn’t know what…

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Illinois Appellate Court Reverses Dismissal of Claim in Decedent’s Probate Estate Based Solely on Photographs

After John A. Bohn Jr. passed away, his father opened a probate estate and was appointed the estate’s administrator. Patricia A. Buczkiewicz filed a claim against the estate alleging that she and the decedent had lived together for 40 years and she sought quantum meruit and fair compensation for various…

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Illinois Appellate Court Decides Jurisdiction and Timeliness to File Motion

The Illinois Appellate Court for the First District affirmed a decision from the Circuit Court of Cook County, Probate Division. In this case, when James Cerami died on Jan. 16, 2013, he had been married to Christina Cerami for nearly 20 years. About seven months after James’s death, Christina opened…

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Self-Dealing Nullifies Gift to Power of Attorney Holder

Relying on Paragraph 3 of the power of attorney statement that Billy D. Collins signed about a week before he died, Patricia Noltensmeier made herself the beneficiary of Collins’s $45,000 Individual Retirement Account (IRA). The power of attorney given to Noltensmeier included the power of an attorney-in-fact, the “power to…

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Guardian Ad Litem Overcomes Father’s Voluntary Acknowledgment of Paternity

The Illinois Supreme Court has affirmed an order of the circuit court judge who granted a petition filed by the guardian ad litem (GAL) for the minor, A.A., to vacate a voluntary acknowledgment of paternity (VAP) signed by the respondents Matthew A. and Caitlin S. with regard to the minor.…

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Illinois Appellate Court Finds That Non-Guardian Spouse Has No Standing to Oppose Authorization by the Ward to File For Divorce

In an Illinois Appellate Court decision of first impression, it was found that a non-guardian spouse cannot challenge a guardian’s petition to seek an order to bring dissolution of marriage action on behalf of the ward in the probate court. Previously in the Illinois Supreme Court case of Karbin v.…

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