Dixon v. Weitekamp-Diller

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (4th) 120209
Decision Date: 
November 5, 2012
4th Dist
Sangamon Co.
Each of three trusts included a life estate in the proceeds from farmland, with the res of each trust to be distributed to landowner's children at his death, but to be distributed to his sisters' children if he died without children. Landowner first married at age 87, had no children, but then adopted three of his wife's adult children from a prior marriage, and died several months later. Court properly ordered trustees to administer and distribute trusts as if landowner did not have any children, finding that adoptions were subterfuge and done solely to make wife's daughters heirs under the trusts. Illinois law does not presume that an adopted child is the descendant of the adoptive parent. (TURNER and POPE, concurring.)