In re Estate of Hirschfeld

Petitioners filed a citation to recover assets claiming breach of fiduciary duty and conversion, arguing that transfers of assets overseen by the respondent were presumptively fraudulent because they were for the respondent’s sole benefit while acting pursuant to a written power of attorney. The circuit court dismissed the citation to recover assets with prejudice pursuant to section 2-615 and the petitioners appealed. The appellate court reversed and remanded, finding that the trial court erred when it found as a matter of law that the presumption of undue influence or fraud does not apply to a spouse holding a power of attorney who engages in alleged self-dealing. (WELCH and VAUGHAN, concurring)