In re Estate of John Schumann

Illinois Appellate Court
Civil Court
Wills
Citation
Case Number: 
2016 IL App (4th) 150844
Decision Date: 
Thursday, November 3, 2016
District: 
4th Dist.
Division/County: 
Calhoun Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

Testator died in July 2013. In March 2014, testator's caretaker and holder of his power of attorney during later years of his life petitioned to probate a will executed in 2007, appointing caretaker as executrix and devising entire estate to be administered pursuant to a trust agreement. Two adult children of testator's late wife petitioned to contest the 2007 will, and asserted that testator had executed a valid will and trust in 2002, which would benefit them. A legatee under a prior will has standing to contest a subsequent will. No intervening wills stood between the challenged 2007 will and the 2002 will. Caretaker failed to meet her burden to establish lack of standing of 2 adult children, who, according to facts pleaded in their petition to contest 2007 will, were legatees with standing to challenge 2002 will. (APPLETON and POPE, concurring.)