In re Estate of Baumgarten

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 112155
Decision Date: 
July 18, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
MURPHY
Holding: 
Affirmed.
Court properly dismissed with prejudice petition to set aside will and revocable trust, finding that petition failed to satisfy pleading requirements for first two elements of a prima facie claim for undue influence: that a fiduciary relationship existed between testator and his wife, and that testator was in a dependent situation where wife was in a dominant role of nature required for undue influence cause of action. (STEELE and SALONE, concurring.)