In re Estate of DiMatteo, No. 1-12-2948, 2013 Ill. App. LEXIS 554 (Ill. Ct. App. Aug. 16, 2013)

(two months before death, decedent executed will revoking prior will and giving entire estate to new executor rather than executor under prior will; decedent never married and had no children and not close to extended family; prior executor filed petition to contest and invalidate will on grounds of undue influence and tortious interference with testamentary expectancy; trial court granted motion to dismiss and prior executor later given leave to file amended petition; executor worked for prior executor as farmhand and prior executor claimed that executor made false statements about prior executor’s character to decedent; prior executor also claimed that executor sought advice from others concerning how to convince a person to change their will; court took allegation as true for purposes of motion to dismiss, and allegation led to inference that decedent influenced by executor’s misrepresentations; sufficient facts alleged to state claim of undue influence; appellate court reversed grant of motion to dismiss).

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