In re Estate of Yanni

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
2015 IL App (2d) 150108
Decision Date: 
Wednesday, November 4, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated in part and reversed in part; remanded.
Justice: 
McLAREN
Daughter filed petition for emergency temporary guardianship, and her mother was adjudicated a disabled person. Court erred in denying motion to dismiss filed by son, after court entered order imposing a constructive trust on property owned by son. Plenary guardian failed to allege that son had taken something from his mother and received financial value for it, and thus no action for conversion of real property can stand. Conclusory allegation of undue influence is insufficient to allege properly raised legal claim.(JORGENSEN and BIRKETT, concurring.)