In Re Estate of Hickey
Appellate Court of Illinois
1Opinion of the Court
PRESIDING JUSTICE CAHILL
delivered the opinion of the court:
The issue framed by this appeal is whether a trust created from proceeds of a personal injury lawsuit can be worded to exempt the trust from reimbursement claims of government agencies that provide aid to disabled persons. The trial court ruled that such trusts are prohibited under Illinois law and refused to approve the trust in this case. We agree and affirm.
John Hickey is disabled. He suffered a traumatic loss of oxygen in the course of his birth in 1977. He is blind, retarded, and epileptic. He will always require special care and…
2Cases cited6 opinions
- Teeple v. HunzikerAppellate Court of Illinois · 1983
- Trust Co. of Oklahoma v. State Ex Rel. Department of Human ServicesSupreme Court of Oklahoma · 1991
- Hatcher v. Dept. of Health & Rehab. Serv.District Court of Appeal of Florida · 1989
- First National Bank v. BraunAppellate Court of Illinois · 1991
- Barham by Barham v. RubinHawaii Supreme Court · 1991
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3Cited by5 opinions
- Williams Ex Rel. Squier v. Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995
- Chicago Trust Co. v. Department of Public AidAppellate Court of Illinois · 1997
- In Re LennonNew Jersey Superior Court Appellate Division · 1996
- In re EdelsonUnited States Bankruptcy Court, N.D. Illinois · 2015
- In re Estate of CalhounAppellate Court of Illinois · 1997