Peck v. Froehlich

This appeal involves two trusts created by the settlor, Marjorie Sims, for the purpose of providing for her health, support, and maintenance during her lifetime. The trustee (and residuary beneficiary) of one of the trusts seeks reimbursement from the trustee (and residuary beneficiary) of the other trust, for one-half of the amounts paid for the settlor’s extraordinary caretaking expenses. The circuit court entered summary judgment denying reimbursement. We reverse and remand.

I. BACKGROUND

The settlor, Marjorie Sims, created a revocable living trust, the “Illinois Trust,” on August 6, 1987.…