Estate of Mendelson v. Mendelson

Dispute as to who Decedent intended to inherit her Highland Park home. Court properly rejected claim of one son of Decedent that he was entitled to compensation for the care he provided to Decedent prior to her death, pursuant to court's consideration of factors in Section 18-1.1 of Probate Act. Court erred in not awarding to that son a 100% interest in the Decedent's Highland Park home. A settlor who declares a trust naming herself as trustee is not required to separately and formally transfer the designated property into the trust. Thus, Decedent's declaration that her Highland Park home was part of the 2011 trust, of which Decedent was trustee, actually made the Highland Park home part of that trust. Court should have found that 2011 trust included that home and that Decedent intended to convey a 100% interest in that home to that son upon her death. (ZENOFF and SPENCE, concurring.)