In re Estate of Lee

Illinois Appellate Court
Civil Court
Trusts and Estates
Case Number: 
2017 IL App (3d) 150651
Decision Date: 
Monday, August 14, 2017
3d Dist.
Kankakee Co.
Affirmed in part, reversed in part, and vacated in part; remanded.

Beneficiaries of a testamentary trust (3 minor children of decedent) sought to have trustee provide an accounting of the trust, to have executor pay certain sums directly to the beneficiaries, rather than to the trust, and to hold the trustee in contempt for failing to provide an accounting, and to remove the trustee. Court properly granted all requests, except court erred in holding trustee in contempt. Procedure followed in trial court did not comply with procedures required under law for contempt proceedings. Case involved indirect contempt, because alleged conduct (failure to file accounting as ordered by court) did not take place in court's presence. (LYTTON and O'BRIEN, concurring.)