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In re Estate of Zukerman

Illinois Court of Appeals
578 N.E.2d 248 (1991)


Facts

Louis Rotfeld and Audrey Zukerman lived together for 12 years. Rotfeld owned two bonds. He directed his bank to reissue the bonds to “Louis Rotfeld, as Trustee for Audrey Zukerman.” Rotfeld did not execute a formal trust agreement. Rotfeld left other property to Zukerman in his will. Rotfeld and Zukerman died simultaneously in a car accident. The administrator of Zukerman’s estate (plaintiff) petitioned the court to recover the bonds for Zukerman’s estate. The executor of Rotfeld’s estate (defendant) objected. The trial court found in favor of Zukerman’s estate, finding that Rotfeld created a valid trust in Zukerman’s favor. The executor of Rotfeld’s estate appealed.

Rule of Law

Issue

Holding and Reasoning (Laposta, J.)

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