Executor sues for trespass, disposition of remains

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 10, 2020 10:54 AM

When Barbara Kramer died her daughters, Rachel and Claire Kramer, challenged her estate plan, and her brother, Robert Koeller — as executor of Barbara’s will and successor trustee of her inter vivos trust — counterclaimed for declaratory judgment under the Disposition of Remains Act (Counterclaim 1) plus damages for trespass to land and chattels (Counterclaims 3 and 4).Koeller used diversity jurisdiction to remove the litigation from the circuit court in Macoupin County, Ill., and everybody consented to full adjudication …

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