In re Hirschfeld—Presumptions of Gift or Undue Influence, Fraud for POA Spouse
By Chad J. Richter
Trusts and Estates,
November 2024
On August 1, 2023, the Illinois Appellate Court of the Fifth District clarified a nuance to the burden-shifting presumptions applied to spouses and fiduciaries. The Hirschfeld case concerned a citation to recover assets proceeding brought by the decedent’s children of a former marriage against the surviving spouse, who was also the attorney-in-fact of the decedent.
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