Heir’s crime, existing trust voids ruling

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 9, 2015 2:51 PM

Alleging that their sister, Kimberly Gerard, was convicted in Pennsylvania of stealing more than a million dollars from their disabled mother — Olga Atterbury Ostern — H. Lee Murphy and Leslie Bayer filed a motion in Kane County contending Gerard was automatically disinherited under Section 2-6.6 of the Illinois Probate Act. Section 2-6.6 says a defendant convicted of financially exploiting an elderly person, in violation of Section 17-56 of the Illinois Criminal Code, is prohibited from receiving any …

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