ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Taxation & Estate Planning Blogs -> Death and Taxes Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Taxation & Estate Planning

: Death and Taxes Blog

Estate of Bantsolas: Land Trusts, Acceptance, and Probate

By Joel A. Schoenmeyer

ADVERTISEMENTS

The Estate of Bantsolas (pdf here) case is an interesting one in that it discusses a probate issue (a citation to recover assets), land trusts, and what could almost be described as a contractual issue.

The matter involved a land trust, of which a woman named Baseleky Bantsolas was the sole owner. On November 30, 1996, Mrs. Bantsolas signed an amendment to the land trust, naming beneficiaries of the trust upon her death. Evidently, prior to this amendment, there was no beneficiary on the land trust, so upon her death, Mrs. Bantsolas's interest in the land trust would pass to her estate.

Mrs. Bantsolas's attorney got confused, and sent the land trust amendment to the wrong place (Chicago Title, instead of Chicago Trust -- same building, different entities). Eventually, Chicago Trust received the amendment, and accepted it -- a day AFTER Mrs. Bantsolas died.

Was the amendment valid? Or, put another way, does the property in the land trust belong to Mrs. Bantsolas's estate, or to the two individuals she named as beneficiaries of the land trust? Both the trial court judge (Cook County Probate Judge Jeffrey Malak) and this court say it belongs to the beneficiaries. Their reasoning: an amendment is effective upon delivery, and the estate did not meet its burden to show that delivery failed to occur during Mrs. Bantsolas's lifetime.

There are two burdens/presumptions at work here:

1. The burden on the estate to prove that the property belonged to Mrs. Bantsolas at the time of her death.

2. The presumption in favor of delivery.

Full post as published by Death and Taxes Blog on January 18, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.003 secs (from cache 10/31/26 04:19:55)