Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McLeod v. Pignatelli

United States District Court, N.D. Illinois, Eastern Division

March 30, 2017

MICHAEL P. MCLEOD, Plaintiff,
v.
LOUIS F. PIGNATELLI, PIGNATELLI & MERTES, P.C. f/k/a PIGNTALLI & LISTON, P.C., PIGNATELLI & ASSOCIATES, P.C., Defendants.

          ORDER

          Susan E. Cox U.S. Magistrate Judge.

         For the reasons discussed herein, Plaintiff Michael McLeod's (“Plaintiff”) Partial Motion for Summary Judgment [21] is denied. Because the Court does not believe that summary judgment can be entered on liability, the Court does not reach the additional issues raised by Plaintiff's Revised and Amended Supplemental Motion for Summary Judgment [34], and denies that motion without prejudice as moot. The Court also denies Defendants' Motion to Stay [39] as moot. A status conference is set for April 12, 2017 at 9:30 a.m. to discuss case management.

         I. Factual Background

         Defendant Louis Pignatelli is a lawyer, and Defendant Pignatelli & Associates, P.C. (collectively, “Defendants”) is Mr. Pignatelli's law firm. (Dkt. 15 at ¶¶ 3-4.) In 2006, Elizabeth Wahl (“Elizabeth”), Plaintiff's late mother, retained Defendants to revise her existing will. (Id. at ¶ 12.) Defendants admit that in the course of revising Elizabeth's will, they learned the following facts: (1) Elizabeth had two children - Plaintiff and Anne Wahl McLeod (“Anne”); (2) Elizabeth desired to leave her personal property in equal shares to Plaintiff and Anne; (3) Elizabeth desired to leave 50% of any assets in her estate, other than real or personal property, to Plaintiff and to leave the other 50% of any such assets in a trust; (4) Elizabeth desired any monies held in the trust be used for the health, support, and education of Anne as deemed reasonable in the sole discretion of the trustee; (5) Elizabeth desired Plaintiff to the be the trustee of the trust; and (6) upon Anne's death, the remaining monies in the trust be distributed. (Id. at ¶ 13.)

         On August 19, 2006, Elizabeth executed a revised Last Will and Testament presented to her by Defendants. (Id. at ¶¶ 14-16.) For the purposes of this motion, there are three relevant sections to the Last Will and Testament. Section One reads, in pertinent part:

I give, devise and bequeath all of my property of whatever nature, both real and personal, personal effects, household goods, automobiles, and all other items of goods and chattels to my children who survive me in equal shares of substantially equal value, per stirpes and not per capita.

(Dkt. 21-2 at 1, § 1.)

         Section Two reads, in pertinent part:

I give the residue of my estate, excluding any property over which I have power of appointment, one-half to my son, MICHAEL P. MCLEOD, per stirpes and not per capita, and one-half to MICHAEL P. MCLEOD, as Trustee of the Children's Trust.

(Dkt. 21-2 at 1, § 2.)

         Section Three reads, in pertinent part:

1. Until the termination of the Children's Trust, the Trustee shall pay to my daughter, ANNE WAHL MCLEOD, so much or all of the net income and principal from the Trust as the Trustee determines from time to time to be reasonably necessary for Anne's health, support, and education as are deemed reasonable in the sole discretion of the Trustee, considering Anne's other resources known to the Trustee, and shall add to principal any undistributed net income. Payments shall be made on the basis of need in the Trustee's discretion.
2. Upon the death of Anne Wahl McLeod, the Trustee shall distribute the then principal and all accrued or undistributed net income of the Children's Trust to MICHAEL P. MCLEOD, and the children of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.