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Citing “absolutely appalling” conduct, an Illinois appeals court vacates an improperly obtained agreed judgement that diverted assets belonging to an individual with special needs. Litvak v Black (Ill. App. Ct., No. 1-18-1707, Nov. 22, 2019).
When Renata Black died in 2012, her will provided that her estate assets would be divided two-thirds to a special needs trust (SNT) for the benefit of her daughter Joanne, and one-third to a trust (Issue Trust) for the benefit of her son Bernard Black. Ms. Black’s accounts held nearly $3.5 million at her death. Mr. Black, as executor of his mother’s estate, discovered that she had designated Joanne as payable-on-death beneficiary so that a large portion of assets bypassed the SNT and flowed directly to Joanne. A third trust, for Joanne’s benefit, was established in 2013.
Joanne was schizophrenic and homeless in Colorado in 2012. Mr. Black, intending to direct all of the estate’s assets back to the Issue Trust for his benefit, misled a Colorado court to obtain conservatorship over Joanne, then disclaimed her interest in the payable-on-death accounts, redirecting them back through Ms. Black’s will. Joanne’s court-appointed representatives sought to void the disclaimer in 2015, securing a judgment against Mr. Black of almost $4.5 million for civil theft but leaving the funds in the Issue Trust. Later legal actions by Mr. Black resulted in the freezing of all assets related to Joanne and the Issue Trust.
In September 2017, Mr. Black’s wife, Katherine Litvak, filed suit in Illinois against all three trusts, claiming that they owed her hundreds of thousands of dollars. Within one week, Mr. Black and his son Samuel Black, as trustees of the trusts, consented to an agreed judgment in Ms. Litvak’s favor without notice to a third trustee or to Joanne’s conservator, Jeanette Goodwin. The judgment was granted by the circuit court. Shortly thereafter, the third trustee, joined by Ms. Goodwin, moved to intervene on Joanne’s behalf and vacate the agreed judgment.
Ms. Litvak opposed the motion, arguing that Joanne was not a beneficiary of the Issue Trust and could not vacate the judgment with respect to that trust. Ms. Goodwin argued that funds in the Issue Trust were Joanne’s, stolen by Mr. Black, and would be dissipated if the judgment was allowed to stand. The circuit court allowed the judgment against the Issue Trust to stand, vacating it as against the other two trusts. Ms. Goodwin appealed, arguing that the court abused its discretion by letting the agreed judgement stand as to the Issue Trust because the entire judgment was the product of fraud or collusion.
The Appellate Court of Illinois, First District, affirms in part and reverses in part. The court infers from the parties’ “absolutely appalling” conduct in prior cases that the agreed judgment was obtained through improper conduct, and finds that Joanne’s interests were adversely affected in regard to all three trusts. The court agrees that the lower court abused its discretion by allowing the agreed judgment against the Issue Trust to stand and that substantial justice will be served by vacating it as to all three trusts.
To read the court’s full opinion, click here.
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