In re Estate of Boyar

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL 113655
Decision Date: 
April 4, 2013
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
KARMEIER
Holding: 
Reversed and remanded.
Elements necessary for application of the doctrine of election, in will contest, were absent, where decedent's son was never presented with a choice between plurality of gifts or inconsistent or alternative rights or claims to property conferred by a trust. Without such a choice between inconsistent claims to trust property, there was no "election" for son to make. Merely accepting property is not an "election" under doctrine of election. (KILBRIDE, FREEMAN, THOMAS, GARMAN, and THEIS, concurring; BURKE, dissenting.)