In re Estate of Scherr

Illinois Appellate Court
Civil Court
Case Number: 
2017 IL App (2d) 160889
Decision Date: 
Wednesday, June 28, 2017
2d Dist.
Lake Co.
Reversed and remanded.

After the death of his wife, George Scherr filed a renunciation of her will. After George filed the renunciation letter he also died. Petitioner, George’s trustee, continued to pursue the renunciation on Georges behalf. Respondents, the surviving legatees of the will at issue, filed an objection to the renunciation, arguing that a renunciation abates upon the death of a surviving spouse, and that Petitioner lacked standing because the right was personal to George. Court concluded that allowing the renunciation would violate public policy and sustained the objection. Court erred in sustaining Respondent’s objection. When a surviving spouse complies with all the steps specified for renunciation, the renunciation is complete and the subsequent death of the surviving spouse does not undo it. Additionally, Petitioner had standing because George assigned her the interest he possessed after exercising his right to renounce.