DeHart v. DeHart

Donald died in 2007 at age 84. His will, dated December, 2006, was admitted to probate. The woman he had married one year before execution of that will, Blanca, was named as executor. James, who had been held out by Donald as Donald’s biological son throughout his life, sued Blanca in her individual capacity and as executor, contesting the will. In 2000 James had learned from Donald that James’s mother, who died in 2001, married Donald, after James’ biological father abandoned them. Donald stated that a “secret” adoption had taken place. There is no legal documentation of an adoption. The disputed will states, “I am married to Blanca DeHart. I have no children.” James cited this as evidence of unsound mind and alleged that, during the brief marriage, Blanca became joint tenant on real estate, bank accounts and brokerage accounts worth millions of dollars, and obtained a power of attorney to act on her then-husband’s behalf, exercising control over his real estate dealings and sale of the family farm. The circuit court dismissed with prejudice. The appellate court reversed. The Illinois Supreme Court affirmed, reasoning that the complaint alleged sufficient facts to state causes of action as to lack of testamentary capacity, undue influence, contract for adoption and equitable adoption. The court erroneously denied a motion to compel deposition of the attorney who drafted the disputed will.View "DeHart v. DeHart" on Justia Law