Crampton v. Crampton
92 N.E.3d 469
Ill. App. Ct.2018Background
- Ruth Crampton executed a will and revocable living trust on January 2, 2013, naming son Robert as power of attorney, executor, and trustee and leaving her personal property to Robert and the residue to the trust.
- Robert lived with Ruth from about 2005 until her death in September 2013, handled her finances (shared bank account, had her PIN), and assisted with her health care and business affairs.
- Plaintiffs (two surviving children and three grandchildren) allege Robert procured the estate documents, sat next to Ruth when she signed them, and that Ruth conferred her estate to Robert and the trust, excluding other children and grandchildren.
- After Ruth’s death Robert, as trustee, conveyed the trust property to himself in December 2013 and then quitclaimed the property to brother William in February 2014.
- Plaintiffs sued to set aside the trust for undue influence; defendants moved to dismiss under section 2-615. The trial court dismissed with prejudice; the appellate court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended complaint sufficiently pleads undue influence to survive a 2-615 motion | Allegations show a fiduciary/dominant relationship: Robert lived with and cared for Ruth, controlled finances, procured the estate documents, and received the entire estate | Complaint contains only conclusions and lacks specific factual detail to support undue influence | Reversed: the complaint pleads sufficient facts to state undue influence and survives a 2-615 motion |
Key Cases Cited
- Wakulich v. Mraz, 203 Ill. 2d 223 (standard of review for 2-615 motions)
- Marshall v. Burger King Corp., 222 Ill. 2d 422 (2-615 motion challenges legal sufficiency)
- DeHart v. DeHart, 2013 IL 114137 (elements/circumstances showing undue influence)
- In re Estate of Hoover, 155 Ill. 2d 402 (definition of undue influence)
- In re Estate of Baumgarten, 2012 IL App (1st) 112155 (analysis distinguishing spousal influence and fiduciary relationship)
- Glogovsek v. [sic], 248 Ill. App. 3d 784 (spousal influence context and fiduciary considerations)