Estate matter involving the division of the estate of a deceased person. When he died, decedent’s will left his entire estate to his brother; however, after the will’s preparation decedent had adopted four adult children. The trial court entered summary judgment in favor of the adopted children, ruling that they were entitled to share the estate as if decedent had died intestate under section 4-10 of the Probate Act. The brother appealed. The appellate court affirmed, finding that because the adopted children were not provided for or explicitly disinherited, they had rights under section 4-10 to elect to receive the share of decedent’s estate they would have received in the case of intestacy, even though they were adults at the time of the adoption. (DeARMOND and TURNER, concurring)
Illinois Appellate Court
Civil Court
Probate Act