Plaintiffs, 2 of decedent's surviving children and 3 of her surviving grandchildren, sued 2 of decedent's other children to set aside decedent's living trust, alleging that 1 child unduly influenced decedent to execute estate documents that devised all of her property to him. Court erred in granting Defendants' Section 2-615 motion to dismiss, as Plaintiffs sufficiently pled action for undue influence. Plaintiffs alleged that Defendant was the dominant party in the fiduciary relationship between him and decedent, that decedent trusted and confided in defendant to assist her with private matters, that Defendant received a substantial benefit from decedent's estate, and that Defendant procured a lawyer's services to plan decedent's estate. (McDADE and O'BRIEN, concurring.)
Illinois Appellate Court
Civil Court
Trusts