A mentally disabled adult's competence

CreditsP.A. 79-328, § 11a-10, added by P.A. 80-1415, § 1, eff. Jan. 1, 1979. Amended by P.A. 81-795, § 1, eff. Sept. 16, 1979; P.A. 82-534, § 1, eff. Sept. 16, 1981; P.A. 88-380, § 135, eff. Aug. 20, 1993; P.A. 89-396, § 15, eff. Aug. 20, 1995; P.A. 90-628, § 25, eff. Jan. 1, 1999; P.A. 95-373, § 5, eff. Aug. 23, 2007; P.A. 96-1052, § 5, eff. July 14, 2010; P.A. 97-375, § 15, eff. Aug. 15, 2011.




Formerly Ill.Rev.Stat.1991, ch. 110 ½, ¶ 11a-10.

Relevant Notes of Decisions (41)

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Notes of Decisions listed below contain your search terms.

Guardian ad litem--In general



A guardian ad litem is not required after a hearing on a mentally disabled adult's competence or after a plenary guardian of the person is appointed. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health 488

If the juvenile court is going to appoint a guardian ad litem for a mentally-disabled-adult parent that is a party to a proceeding for termination of parental rights, the appointment should be made pursuant to the Probate Act. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Infants 205; Mental Health 487

Guardian ad litem appointed to represent incapacitated adult represents ward's best interests, rather than ward; guardian ad litem is only required prior to hearing on ward's competence, although guardian ad litem or next friend may be appointed to represent ward's interests in subsequent litigation. In re Guardianship of Mabry, App. 4 Dist.1996, 216 Ill.Dec. 848, 281 Ill.App.3d 76, 666 N.E.2d 16, rehearing denied. Mental Health 133; Mental Health 485.1; Mental Health 495

Circuit court is charged with duty to protect interests of ward and has, by statute and otherwise, those powers necessary to appoint guardian ad litem to represent interests of ward during court's exercise of its jurisdiction. In re Serafin, App. 2 Dist.1995, 208 Ill.Dec. 612, 272 Ill.App.3d 239, 649 N.E.2d 972. Mental Health 471; Mental Health 487

Attorney's failure to bring to trial court's attention conflict in her dual roles as mentally disabled patient's attorney and guardian resulting from patient's request to represent herself, which required trial court to consult with guardian to determine whether patient should be allowed to represent herself, could not relieve court of its responsibility for making required appointment of guardian to protect patient's interest. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133

If patient has already been involuntarily committed as mentally ill and danger to himself or others, court considering whether to appoint guardian must presume that patient is not capable of protecting patient's interests. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 135

Statute governing appointment of guardian ad litem requires court to appoint guardian ad litem unless court has grounds for finding that guardian is not needed. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133

Trial court committed reversible error when it failed to appoint separate guardian ad litem to protect interests of mentally disabled patient once patient asserted right to proceed without assistance of counsel; trial court needed guardian ad litem to help determine whether to appoint counsel for patient against patient's wishes. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133; Mental Health 156

Individual adjudicated disabled adult for whom guardian was appointed as result of petition by his mother was not deprived of his rights by entry of original guardianship order despite lack of compliance with statutorily mandated requirements applicable to disability adjudication including lack of medical report describing nature and extent of individual's physical and mental disability and presence of individual or representation by guardian ad litem or other counsel at hearing, where there was no contention that individual was not disabled adult under definition of Probate Act and court implemented measures for individual's protection as result of petition. In re Estate of Steinfeld, 1994, 196 Ill.Dec. 636, 158 Ill.2d 1, 630 N.E.2d 801, certiorari denied 115 S.Ct. 59, 513 U.S. 809, 130 L.Ed.2d 17. Mental Health 156

Even under ch. 110, ¶ 54 providing that if party is declared incompetent prosecution or defense shall be maintained by party's representative, guardian ad litem or next friend, it is not reversible error to fail to appoint guardian ad litem for one for whom actual incompetence has not been formally so adjudged. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health 496

Court before which action was brought for specific performance of contract for purchase of house owned by 85-year-old woman, although it was not required to appoint guardian ad litem for defendant houseowner, was under the circumstances within its power in doing so. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health 487

Appointment of guardian ad litem to act as representative for party in need of such representation is procedural and not jurisdictional matter. Freiders v. Dayton, App. 2 Dist.1978, 19 Ill.Dec. 316, 61 Ill.App.3d 873, 378 N.E.2d 1191. Mental Health 488

Where circuit court on appeal from probate court adjudged alleged incompetent to be competent, probate court could not thereafter hold attorney for alleged incompetent in civil contempt of court for disobedience of orders previously entered by probate court concerning inquiry into mental condition of alleged incompetent or for assisting in denying guardian ad litem free access to alleged incompetent or assisting alleged incompetent to avoid service of process in connection with incompetency proceeding. In re Pine's Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Contempt 49

In considering appointment of a guardian ad litem, the question to be determined is the capacity of the person whose fitness is challenged to intelligently choose counsel and consult and advise with him in conduct of litigation, or capacity to manage and care for the particular business or matter involved. In re Pine's Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health 488

Generally, there should be no conflicting interest between alleged incompetent and the party representing him as guardian ad litem. In re Pine's Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health 492

Where proceeding to have an elderly woman declared incompetent was commenced by principal beneficiary under her will in order to prevent her from conveying her property to another, probate court should proceed with extreme caution in exercise of discretion to appoint a guardian ad litem to represent alleged incompetent and only after notice to alleged incompetent. In re Pine's Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health 133

Circuit court did not abuse its discretion in failing to appoint a guardian ad litem to represent alleged incompetent in proceeding for appointment of a conservator, where alleged incompetent was aware of nature of proceeding and possessed sufficient judgment to select his own counsel to defend his interests. Rankin v. Rankin, App.1944, 54 N.E.2d 58, 322 Ill.App. 90. Mental Health 133

Where there has not been a judgment fixing mental status of one of parties to a proceeding alleged to be incompetent, court has power to determine all facts essential to a proper adjudication upon need for a guardian ad litem for such party. Cowdery v. Northern Trust Co., App.1944, 53 N.E.2d 43, 321 Ill.App. 243. Mental Health 490



---- Compensation, guardian ad litem



Circuit Court retained authority to award guardianship fees to public guardian who was appointed as temporary guardian for disabled ward, and to ward's guardian ad litem, even after ward's death terminated the guardianship; Probate Act explicitly provided for the award of reasonable fees for temporary guardians and guardians ad litem, and nothing in the statutes terminating a guardian's authority to act for the ward upon the ward's death deprived the court of power to award fees after the ward's death. In re Estate of Pellico, App. 2 Dist.2009, 334 Ill.Dec. 12, 394 Ill.App.3d 1052, 916 N.E.2d 45. Mental Health 180.1; Mental Health 493

Statute on payment of guardian ad litem's fee in proceeding to appoint guardian for disabled adult clearly expresses that court may assess guardian ad litem fees only against respondent or his or her estate or, in event respondent is unable to pay, against petitioner. In re Estate of Bishop, App. 2 Dist.2002, 268 Ill.Dec. 136, 333 Ill.App.3d 1113, 777 N.E.2d 1059. Mental Health 493

Son who filed counter petition in daughters' proceeding to appoint guardian for their mother, in which son asked that mother not be adjudicated disabled or, in alternative, that son be named her guardian, was “petitioner” for purposes of statute on payment of fees of guardian ad litem by petitioner if respondent is unable to pay; initial petition was filed by daughters, but son inserted himself in matter by filing counter petition and created issues to which guardian ad litem had to respond, namely, whether son should be appointed guardian. In re Estate of Bishop, App. 2 Dist.2002, 268 Ill.Dec. 136, 333 Ill.App.3d 1113, 777 N.E.2d 1059. Mental Health 493

Trial court had statutory authority to tax temporary guardian ad litem fees against ward, where court appointed attorney and temporary guardian ad litem to represent ward in proceeding, there was no finding that appointment of guardian ad litem was not necessary, and court determined that ward was able to pay fees, even though there was never finding that ward was disabled, petitioners never sought hearing on petition for appointment of permanent guardian, and case was dismissed for want of prosecution. In re Serafin, App. 2 Dist.1995, 208 Ill.Dec. 612, 272 Ill.App.3d 239, 649 N.E.2d 972. Mental Health 158.1

Trial court's conclusion that disabled adult for whom guardian ad litem was appointed, after adult had refused to consent to surgery, would not pay fees was reasonable, for purpose of determining whether guardian ad litem should be allowed fees, where no one affiliated with hospital or with suit had any contact with adult after she was released from hospital. In re Estate of Stoica, App. 1 Dist.1990, 148 Ill.Dec. 555, 203 Ill.App.3d 225, 560 N.E.2d 1152. Mental Health 493

Implicit in each probate act section providing for taxation of costs is necessity for appointment of both guardian of estate of disabled person and guardian ad litem, and where petition for appointment of permanent guardian was dismissed after hearing and private counsel had appeared on behalf of allegedly disabled adult as soon as notice was received of pending hearing on guardianship, relevant provisions of Probate Act furnished no justification for taxation of guardian ad litem and temporary guardian costs to subject of the petition. In Interest of Prior, App. 3 Dist.1983, 72 Ill.Dec. 423, 116 Ill.App.3d 666, 452 N.E.2d 676. Mental Health 158.1

Where guardian ad litem had been allowed fee in circuit court for his services as guardian ad litem of incompetent, and Appellate Court was without knowledge of fees customarily charged by members of bar of county where action was brought, and parties did not present evidence on nature and extent of services performed and value thereof, it was proper that award of fee for guardian ad litem on appeal be fixed by circuit court, and Appellate Court would remand cause to circuit court to determine fee on appeal. Cain v. Hougham, App.1969, 116 Ill.App.2d 439, 253 N.E.2d 137. Mental Health 493

Self-representation

Evidence that mentally disabled patient was totally without understanding or capacity to make responsible decisions concerning her person or her assets required trial court to reverse its prior decision to allow patient to represent herself, absent strong evidence that appointment of counsel was not in patient's best interest. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133

Counsel

If the guardian ad litem (GAL) for a mentally disabled ward in a probate proceeding and the ward are in agreement, the GAL does in effect represent the ward; however, the court must appoint separate counsel if the ward requests it or if the ward and the GAL take different positions. In re Mark W., App. 1 Dist.2006, 2006 WL 1667495, opinion withdrawn, opinion modified and superseded 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health 491

In probate proceedings, if the guardian ad litem and the ward are in agreement, the guardian does in effect represent the ward; however, the court must appoint separate counsel if the ward requests it or if the ward and guardian take different positions. In re Mark W., App. 1 Dist.2006, 308 Ill.Dec. 656, 371 Ill.App.3d 81, 862 N.E.2d 589, appeal allowed 310 Ill.Dec. 249, 223 Ill.2d 635, 865 N.E.2d 969, reversed 320 Ill.Dec. 798, 228 Ill.2d 365, 888 N.E.2d 15, on remand 2008 WL 2484601. Mental Health 495

Court could appoint counsel for mentally disabled patient who did not request counsel and who took no position adverse to counsel only if it found that appointment was in patient's best interests. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133

Court could appoint attorney but no guardian ad litem for mentally disabled patient based on determination that attorney could provide protection that would otherwise be guardian's responsibility, although this required attorney to act as both guardian ad litem and as attorney. In re Estate of Ohlman, App. 1 Dist.1994, 197 Ill.Dec. 9, 259 Ill.App.3d 120, 630 N.E.2d 1133. Mental Health 133

Respondent in proceeding to have him declared incompetent has the right to retain his own attorney. In re Pine's Estate, App.1958, 16 Ill.App.2d 584, 149 N.E.2d 787. Mental Health 133

Service of process

Constructive service on person domiciled within state, but located outside borders thereof, held not to give jurisdiction in proceeding in personam for declaration of incompetency and appointment of conservator for person. McCormick v. Blaine, 1931, 178 N.E. 195, 345 Ill. 461. Mental Health 131

Notice

Allegedly disabled adult received reasonable notice of hearing at which petition to appoint public guardian for him would be heard and opportunity to be heard during that proceeding, thus satisfying federal due process; summons and copy of petition were personally served, summons supported conclusion that he was given reasonable notice of hearing, which in turn gave him opportunity to be heard, and he had no known living spouse or adult kindred. Young v. Murphy, N.D. Ill.1995, 883 F.Supp. 256, reconsideration denied 161 F.R.D. 61. Constitutional Law 4339; Mental Health 130

In an original guardianship proceeding, the nearest living relatives of the alleged disabled adult must be given notice, and failure to give notice to such relatives is a jurisdictional defect requiring vacation of the order appointing a guardian. In re Estate of Debevec, App. 5 Dist.1990, 142 Ill.Dec. 302, 195 Ill.App.3d 891, 552 N.E.2d 1043. Guardian And Ward 13(3) Matter of Sodini, App. 4 Dist.1988, 123 Ill.Dec. 67, 172 Ill.App.3d 1055, 527 N.E.2d 530.



Notice to one alleged to be incompetent and his/her close relatives is required before he may be adjudged incompetent and a conservator appointed for him. Matter of Sodini, App. 4 Dist.1988, 123 Ill.Dec. 67, 172 Ill.App.3d 1055, 527 N.E.2d 530. Mental Health 128 (notice must be 14 days prior)



Failure of son and granddaughter of woman, in their petition to have woman adjudicated incompetent and to be appointed conservators of her estate, to give notice of time and place of hearing on the petition to other son of woman did not result in fraud upon the court concerning woman's need for a conservator or petitioners' qualifications to serve in that capacity. In re Neuf's Estate, App. 5 Dist.1980, 40 Ill.Dec. 704, 85 Ill.App.3d 468, 406 N.E.2d 907. Mental Health 129

Authority of court

The trial court exceeded its authority when it sua sponte appointed a guardian ad litem for two adult former foster children, who had allegedly suffered permanent and severe physical and psychological injury as a result of sexual abuse by their foster fathers, over the objection of the former foster children and their attorney; the trial court never held a competency hearing or declared that former foster children were incompetent or disabled, the doctrine of parens patriae did not apply since former foster children were competent adults, and the trial court failed to comply with the provisions of the Probate Act for appointing a guardian. J.H. v. Ada S. McKinley Community Services, Inc., App. 1 Dist.2006, 308 Ill.Dec. 255, 369 Ill.App.3d 803, 861 N.E.2d 320. Infants 1238(1); Infants 1240(1); Mental Health 487; Mental Health 490

Hearings

Statute setting out preliminary procedures for appointment of guardians for disabled adults and providing that hearings were to be held within 30 days of filing of petition was directory, rather than mandatory, and thus failure of trial court to hold hearing within 30 days of filing of petition by son and son-in-law seeking guardianship of mother did not void court's guardianship order; statute did not contain any negative language or provide any sanction or other consequences for failure to conduct hearing within 30 days of filing of petition, and rights of mother would not be injuriously affected by the fact that hearing was not held within statutory time period. (Per McCullough, J., with one justice specially concurring.) In re Estate of Doyle, App. 4 Dist.2005, 297 Ill.Dec. 868, 362 Ill.App.3d 293, 838 N.E.2d 355, rehearing denied, appeal denied 303 Ill.Dec. 2, 218 Ill.2d 539, 850 N.E.2d 807. Mental Health 137.1

Footnotes1 20 ILCS 3955/30.



2 320 ILCS 20/9. 755 I.L.C.S. 5/11a-10, IL ST CH 755 § 5/11a-10

Current through P.A. 97-704 of the 2012 Reg. Sess.



IL ST CH 755 § 5/11a-10



Upon the filing of a petition by a reputable person or by the alleged disabled person himself or on its own motion, the court may adjudge a person to be a disabled person, but only if it has been demonstrated by clear and convincing evidence that the person is a disabled person as defined in Section 11a-2. If the court adjudges a person to be a disabled person, the court may appoint (1) a guardian of his person, if it has been demonstrated by clear and convincing evidence that because of his disability he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person, or (2) a guardian of his estate, if it has been demonstrated by clear and convincing evidence that because of his disability he is unable to manage his estate or financial affairs, or (3) a guardian of his person and of his estate. 755 ILCS 5/11a-3(a).

Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations. 755 ILCS 5/11a-3(b).

There is a clear distinction between a proceeding to adjudge a person mentally ill and one to adjudge him incompetent. The former relates to an inquiry and determination as to the condition of his mind without special reference to his property. The latter relates to an inquiry and determination as to his habits regarding his disposition to spend, waste or lessen his estate. It is not necessary to find a person to be mentally ill and totally lacking in capacity to manage his affairs. A mild form of mental illness may make a person highly susceptible to certain emotional appeals and incapable of making rational decisions concerning the disposition of his income or his estate. This could constitute waste of his estate and subject him to want and suffering even though the objects of his bounty may be engaged in worthwhile spiritual or religious activities. The test is incapability to manage one's own affairs so that waste and suffering are inevitable. A person who wanted to liquidate his entire estate and give it to “Christ is the Answer” may properly be found to be incompetent and a conservator appointed. Matter of Langford's Estate, 50 Ill. App. 3d 623, 7 Ill. Dec. 574, 364 N.E.2d 735 (4th Dist. 1977).

One's ability to manage his person does not resolve itself upon the question of whether the individual can accomplish tasks without assistance but rather whether the individual has the capability to take care and intelligently direct that all his needs are met through whatever device is reasonably available under the circumstances. Some of the actions which indicate the ability to care for one's own needs include the appointment of an attorney-in-fact and the selection of a nursing home. The unsubstantiated opinions of witnesses that a person was not capable of taking care of himself or his affairs, without any reasons given for such conclusions will not support an adjudication of incompetency. Matter of McPeak's Estate, 53 Ill. App. 3d 133, 11 Ill. Dec. 349, 368 N.E.2d 957 (5th Dist. 1977).

The extremes that reviewing courts will go to uphold the order of the trial court refusing to appoint a guardian for the estate and person is Galvin's Estate v. Galvin, 112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1st Dist. 1983), wherein the alleged incompetent had strokes, had a pet black widow spider, believed he could fire by pointing his finger, and that he was a coworker with the Shah of Iran.

Although a person may be disabled in the statutory sense of not being fully able to manage her person, a guardian of her person is not permissible or appropriate if that person is capable of making and communicating responsible decisions concerning the care of her person, even though the appointment of a guardian of her estate is appropriate. The adjudication of disability is a uniquely factual determination. It is to be made by the trial court. It is not to be disturbed upon review unless the trial court's findings are against the manifest weight of the evidence. In re Estate of Hickman, 208 Ill. App. 3d 265, 153 Ill. Dec. 31, 566 N.E.2d 881 (4th Dist. 1991).

20 Ill. Prac., Estate Planning & Admin. § 279:4 (4th ed.)





§ 35:4. Appointment

After compliance with statutory procedures regarding a hearing and notice to the respondent, a court must appoint a plenary guardian of the person or the estate, or both, of one adjudged to be a disabled person if the court finds that limited guardianship will not provide sufficient protection for the disabled person, his or her estate, or both.1 A plenary guardian is one who has the general care and control of the person and estate of a ward.2 A guardian may also be appointed for a limited purpose if the court finds that guardianship is necessary for the protection of the disabled person, his or her estate, or both.3 The guardian of the estate of a ward need not participate in or review the prosecution of an action on behalf of the ward where the attorney's fees will be determined solely on a contingency basis.4

The justification for the appointment of a guardian is founded primarily on the incapability of managing one's person or estate, and not on the cause of that incapability.5 The purpose of appointing a guardian for a disabled person is to protect that person from personally wasting his or her estate or allowing others to do so.6 The question is not whether the person can accomplish specific tasks, but rather whether the person has the capability to take care of himself or herself, or intelligently direct that his or her needs are met through whatever device is reasonably available under the circumstances.7 It is not imperfection of mentality per se which justifies the appointment of a guardian, but rather the inability to manage one's person or estate due to that imperfection of mentality.8 Thus, a trial court errs when it appoints a guardian over the respondent's person after adjudicating the respondent a disabled person within the meaning of the Probate Act of 1975 where the respondent is able to manage his or her own person, even though the respondent's lifestyle is eccentric.9

Where the court has the statutory authority to adjudicate a person as a disabled person and to appoint a guardian, the court's failure to follow the statutory procedure in making the adjudication could render the order voidable.10 However, the failure to follow statutory requisites does not render the order void from the outset.11

Footnotes1

755 ILCS 5/11a-12(b).

In re Estate of Steinfeld, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994) (sibling had standing to challenge disability and guardianship order).

2

In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).

3

In re Guardianship of Austin, 245 Ill. App. 3d 1042, 185 Ill. Dec. 852, 615 N.E.2d 411 (4th Dist. 1993).

Appointment of a limited guardian restricted to the investment of the respondent's inheritance is proper, where the respondent does not lack all capacity to understand or manage day-to-day financial needs. Estate of Barr, 142 Ill. App. 3d 428, 96 Ill. Dec. 781, 491 N.E.2d 1241 (1st Dist. 1986).

4

755 ILCS 5/11a-18(c).

5

In re Stevenson's Estate, 44 Ill. 2d 525, 256 N.E.2d 766 (1970).

6

Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).

7

See Matter of McPeak's Estate, 53 Ill. App. 3d 133, 11 Ill. Dec. 349, 368 N.E.2d 957 (5th Dist. 1977); In re Dunning, 211 Ill. App. 633, 1918 WL 1982 (2d Dist. 1918), Leefers v. People ex rel. Leefers, 123 Ill. App. 634, 1906 WL 1592 (3d Dist. 1906).

8

In re Stevenson's Estate, 44 Ill. 2d 525, 256 N.E.2d 766 (1970); Galvin's Estate v. Galvin, 112 Ill. App. 3d 677, 68 Ill. Dec. 370, 445 N.E.2d 1223 (1st Dist. 1983).

9

Estate of Barr, 142 Ill. App. 3d 428, 96 Ill. Dec. 781, 491 N.E.2d 1241 (1st Dist. 1986).

10

Estate of Steinfeld, 233 Ill. App. 3d 715, 175 Ill. Dec. 12, 599 N.E.2d 1026 (1st Dist. 1992), judgment aff'd in part, rev'd in part on other grounds, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994).

11

Estate of Steinfeld, 233 Ill. App. 3d 715, 175 Ill. Dec. 12, 599 N.E.2d 1026 (1st Dist. 1992), judgment aff'd in part, rev'd in part, 158 Ill. 2d 1, 196 Ill. Dec. 636, 630 N.E.2d 801 (1994).



2 Horner Probate Prac. & Estates § 35:4



Ken Ditkowsky

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