November 14th, 2013
Caregivers sometimes end up getting written into a will or a trust. When they do, it’s not surprising if litigation ensues. In Gardner v. Cole (Rule 23 order), we get to see an Illinois caregiver and her husband withstand a challenge by the grantor’s surviving relatives to impose a constructive trust over the trust assets and bank accounts that went to the caregiver and her husband. So, how was the caregiver successful?