Capra v. Lipschultz

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2020 IL App (1st) 192160
Decision Date: 
Tuesday, June 30, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON

Plaintiffs are beneficiaries of their deceased aunt's trust, and filed suit against the trustee, a Nevada resident, seeking an accounting. Court dismissed the complaint, finding that Defendant lacked sufficient contacts with Illinois. The fact that Defendant may have operated the trust from Nevada is not dispositive as to his contacts with Illinois. Almost all of Defendant's actions, as to the trust, were directed to Illinois, where the trustee lived for several years prior to her death. When Defendant became trustee, trust assets were held in Illinois banks, and only later were those assets transferred elsewhere. Defendant had sufficient contacts with Illinois in his capacity as trustee, and the litigation arose out of or is related to his contacts with Illinois. (LAMPKIN and BURKE, concurring.)