In re Estate of Ostern

(Cour opinion corrected 12/3/14.) Court granted motion of Petitioners, two adult children of disabled adult, to create a trust for estate of their mother. However, Petitioners failed to inform court of a pre-existing trust for mother's estate, which included the children of a third adult child (who had been convicted, in Pennsylvania, of statutory equivalent of financial exploitation of an elderly person and who thus, per Illinois Probate Code, could not receive benefit from victim's estate), who should have received notice of Petitioners' motion. Trial court had jurisdiction to vacate order allowing trust, with result of returning to status quo existing prior to creation of that trust, where court could properly adjudicate parties' rights as potential heirs or beneficiaries of estate of mother, who died after order was entered. (JORGENSEN and BIRKETT, concurring.)