In Re Steinberg Family Living Trust David L. Steinberg v. Steven C. Steinberg

ZAGER, Justice.

In this declaratory judgment action, we are asked to decide whether we should recognize an exception to the doctrine of ademption 1 for real estate in a trust that was replaced through a like-kind tax exchange. In the alternative, we are asked to judicially adopt section 2-606 of the Uniform Probate Code involving ademption. Two brothers, the sole beneficiaries of the Steinberg Family Living Trust, brought competing motions for summary judgment regarding the distribution of property under the trust. The brothers, David and Steven, disagree as to whether a specific bequest was…