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Tiedemann v. Tiedemann

2025-10-02

Summary

Holding. Affirmed. The court affirmed the trial court's order denying Debra's petition to pay the mortgage debt from trust assets.

Edward Tiedemann created a trust in 2014, naming his wife Debra as successor trustee and listing his two sons as co-beneficiaries. In 2022, Edward and Debra obtained a mortgage loan to purchase property titled in their joint names. When Edward died in 2023, Debra became trustee and later requested court permission to pay the outstanding mortgage debt using trust assets. The sons objected, arguing that state law prohibited using trust property to pay off debts on property transferred outside the trust through survivorship rights.

The trial court ruled that Illinois law presumed Edward understood he was giving Debra the mortgaged property subject to the debt obligation, not intending the trust to bear that burden. The trust's general language about paying debts did not constitute sufficient express intent to use trust funds for this mortgage. Moreover, the trust document's specific provisions making Debra personally responsible for housing costs in certain scenarios further suggested Edward's intent that Debra shoulder her own debts, not the trust's.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether section 20-19 of the Probate Act (prohibiting exoneration of encumbered property) applies to trust assets seeking to pay off a mortgage on property received by survivorship
  • Whether general trust language directing payment of the settlor's debts constitutes express intent to use trust funds for encumbered property received outside the trust
  • Interpretation of the settlor's intent based on trust and will provisions regarding Debra's responsibility for housing costs and property-related expenses

Procedural posture

Debra Tiedemann, as trustee, appealed the trial court's order denying her petition for aid and direction regarding payment of an outstanding mortgage from trust assets.

Authorities cited

Opinion

majority opinion

NOTICE

2025 IL App (5th) 241010

NOTICE

Decision filed 10/02/25. The

This order was filed under

text of this decision may be NO. 5-24-1010 Supreme Court Rule 23 and is changed or corrected prior to

the filing of a Petition for not precedent except in the

Rehearing or the disposition of

IN THE limited circumstances allowed

the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

DEBRA A. TIEDEMANN, as Trustee of ) Appeal from the

The Edward E. Tiedemann Declaration of ) Circuit Court of

Trust, Dated January 30, 2014, ) Piatt County.

)

Plaintiff-Appellant, )

)

v. ) No. 24-CH-2

)

BRENT E. TIEDEMANN and KEVIN A. TIEDEMANN, ) Honorable

) Dana C. Rhoades,

Defendants-Appellees. ) Judge, presiding.

PRESIDING JUSTICE McHANEY delivered the judgment of the court, with opinion.

Justices Moore and Sholar concurred in the judgment and opinion.

OPINION

¶1 Edward E. Tiedemann (Settlor) executed the “Edward E. Tiedemann Declaration of Trust”

(Trust) on January 30, 2014. He was the initial trustee of the Trust, and he named his wife, Debra

A. Tiedemann (Debra) as the successor trustee of his Trust. The beneficiaries of the Trust were

Debra, and his two sons, Brent E. Tidemann and Kevin A. Tiedemann (defendants). In 2022, the

Settlor and Debra obtained a loan for $862,400 to purchase land in St. Clair County. The purchase

was secured by a mortgage agreement dated June 30, 2022. Following the Settler’s death on

September 7, 2023, ownership of the Belleville property passed to Debra as a joint tenant with

right of survivorship. Following the Settlor’s death, no payments were made on the loan, and the

financial institution sent a notice of default, stating its intent to foreclose if the default was not

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remedied. Thereafter, Debra filed her petition with the trial court asking for “aid and direction”

pursuant to the Illinois Trust Code (Code) (760 ILCS 3/101 et seq. (West 2022)) and sought to use

trust assets to pay off the bank loan. The defendants responsively argued that Debra could not use

trust assets to pay off the loan, as doing so would be contrary to the Probate Act of 1975 (Act)

(755 ILCS 5/1-1 et seq. (West 2022)). The trial court entered its order finding in the defendants’

favor on August 26, 2024. Debra timely appealed from that order. For the following reasons, we

affirm.

¶2 I. Background

¶3 On January 30, 2014, the date that the Settlor executed his Trust, he also executed his final

will. The Trust included tracts of real estate described in an attached and incorporated schedule.

The two tracts of Trust real estate were in St. Clair County and were labeled as tract No. 1 and

tract No. 2. The Trust was also defined to include any other property later added by the Settlor,

together with the proceeds thereof. At an unspecified date, a third St. Clair County tract was

transferred into the Trust.

¶4 Article 10 of the Trust provides that upon the Settlor’s death:

“[Debra] shall pay from the Trust Estate, directly or through my personal representative,

without apportionment or reimbursement, all of my just debts, including the expenses of

my last illness and funeral, all expenses of administration of property wherever situated,

passing under my Will or this [Trust] or otherwise, and all estate inheritance, transfer and

succession taxes which become due by reason of my death ***.”

¶5 On June 30, 2022, the Settlor and First Federal Savings Bank of Mascoutah (Bank)

executed a promissory note and a mortgage for $862,400 to purchase the Rentchler Station Road

property in St. Clair County. The Settlor signed the promissory note and the Settlor and Debra

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both signed the mortgage. The promissory note was secured by a mortgage on four properties in

St. Clair County. Three of the properties were within the Trust. The fourth property, the Rentchler

Station Road property was not transferred into the Trust before the Settlor died. The Settlor also

signed an assignment of rents to the four St. Clair County properties to the Bank “TO SECURE

(1) PAYMENT OF THE INDETEDNESS AND (2) PERFORMANCE OF ANY AND ALL

OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS

ASSIGNMENT, AND THE RELATED DOCUMENTS.” The Bank had the sole discretion as to

application of the rents, but any rents received by the Bank that were not applied to the costs and

expenses the Bank incurred in connection with the properties would be applied to the loan.

¶6 The Rentchler Station Road property was titled in the Settlor and Debra’s joint tenancy

with right of survivorship. Upon the Settlor’s death on September 7, 2023, ownership of the

Rentchler Station Road property passed by operation of law to Debra through her interest as the

property’s joint tenant with right of survivorship. Upon the Settlor’s death, Debra also became the

trustee of the Trust.

¶7 The record does not indicate if Debra made any mortgage payments on the Rentchler

Station Road property loan after the Settlor’s death. However, in January 2024, the Bank sent its

notification that both the promissory note and the mortgage were in default, stating that the Bank

intended to pursue foreclosure on the four properties if the default was not remedied. The amount

of outstanding debt was then $858,476.08.

¶8 Debra’s petition asked the trial court for aid and direction pursuant to section 201 of the

Code (760 ILCS 3/201 (West 2022)). She stated that the Trust contained a provision directing her,

as trustee, to “pay from the Trust Estate *** all of my just debts.” Debra indicated that the only

outstanding debts were the outstanding balance on the Rentchler Station Road property note of

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$858,476.08, and an outstanding balance on a tractor loan of $22,978.61. She stated that she could

avoid foreclosure by paying off the promissory note with assets held by the Trust. At the time she

filed her petition, the only assets in the Trust were the three properties, but she stated that based

upon the Settlor’s pour-over will, the Settlor’s other assets, excluding the Rentchler Station Road

property, would pour into the Trust after probate proceedings. She asked the trial court to provide

aid and direction on how she, as trustee, should proceed with the payment of the Settlor’s debts.

¶9 On July 3, 2024, the defendants filed their response to Debra’s petition. The defendants

agreed that Debra was a beneficiary of the Trust, particularly with respect to the marital domicile

shared as of Settlor’s death and that they were beneficiaries of the balance of the Trust, to be

distributed equally. They disputed Debra’s claim that the loan on the Rentchler Station Road

property should be satisfied by Trust assets. The defendants alleged that three of the four St. Clair

County properties were Trust assets, but the fourth property—the Rentchler Station Road property,

consisting of 61.6 acres—had been titled jointly with right of survivorship by the Settlor and Debra

alone. They argued that using Trust assets to pay the indebtedness on the property would be at the

defendants’ detriment and would unjustly enrich Debra. The defendants cited section 20-19 of the

Act (755 ILCS 5/20-19 (West 2022)) to support their argument.

¶ 10 The defendants asked the trial court to remove Debra as the trustee because (1) she was

suggesting that this personal debt should be paid from the Trust; (2) she was prioritizing her

personal interests over her Trust duties and the well-being of the Trust beneficiaries; (3) she had

received rental payments and income that were not placed into the Trust, and she had not reported

the use of such funds to the defendants; and (4) she had failed by commission and omission to

properly carry out the trustee’s duties of accounting. The defendants asked the court to remove her

as the acting trustee, and to replace her with the successor trustee, Brent E. Tiedemann.

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¶ 11 On July 31, 2024, the trial court held a hearing on Debra’s petition and the defendants’

response. The court entered its order on August 26, 2024. In its order, the court noted that the Trust

provided that Debra could reside in the marital home for her lifetime with conditions and that the

marital home at the time of the Settlor’s death was in Monticello, Illinois. The court also noted

that the Trust provided general provisions for the payment of the Settlor’s debts and expenses. The

court took judicial notice of the Settlor’s will and noted that it was a pour-over will with a few

specific tangible personal property bequests, with the remainder pouring into the Trust.

¶ 12 The trial court noted that the Settlor signed a promissory note to the Bank individually and

not in his capacity as trustee of the Trust on June 30, 2022, for $862,400. Those funds were used

to purchase a 61.6-acre parcel on Rentchler Station Road in St. Clair County. The mortgage dated

the same date was signed by both Settlor and Debra. Three additional parcels of land were included

with the Rentchler Station Road parcel as collateral to secure the promissory note.

¶ 13 The trial court found that section 20-19 of the Act was applicable to the transfer of the

Rentchler Station Road property and to the Trust document. The court noted that the property was

encumbered; that section 20-19 of the Act included all transfers of encumbered real estate

transferred by operation of law pursuant to joint tenancy; and the Act also applied to

nontestamentary instruments, like a trust. The court determined that the Trust language about

payment of “just debts” was a general direction to the trustee to pay the Settlor’s expenses of last

illness, administrative expenses, and all estate, inheritance, and transfer taxes. The clause did not

contain specific language “expressing the Settlor’s intent that the Trust Estate shall pay or assumes

the liability for encumbered real estate that passes upon his death through a right of survivorship

or another non-testamentary instrument.”

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¶ 14 Additionally, the trial court noted that the Settlor did not execute a codicil to his will

expressing his intent that section 20-19 of the Act should not apply and that the Trust shall pay the

outstanding encumbrance upon the Rentchler Station Road property. The court concluded that the

law presumed that the Settlor “understood that his spouse would receive the entire interest in the

Rentchler Station Road property subject to the encumbrance, at the time of his death.” In support,

the court noted that, although the Trust granted Debra a life estate in the marital residence subject

to specific conditions, the Trust made Debra personally liable for “all monthly mortgage payments,

costs and expenses incident to the use, debt service, maintenance, and protection thereof, and real

estate taxes and insurance.” The court stated: “This language seems to suggest that the Settlor’s

intent was for Section 20-19 to apply to any specific bequests or outright transfer of encumbered

real property.” Overall, the trial court concluded that the Settlor had no intent to shift the Rentchler

Station Road property debt owed to the Bank to the Trust. “The law presumes that Edward

Tiedemann knew the law when he executed these documents, that he understood the application

of Section 20-19 to the Rentchler property, and that he understood that his spouse would receive

the entire interest in the Rentchler property subject to the encumbrance, at the time of his death.”

¶ 15 The trial court found that section 20-19 of the Act did not apply to the tractor debt, as it

was personal property, and therefore, the Trust was responsible for paying that debt. The trial court

also denied the defendants’ request to remove Debra as the trustee because the official accounting

was not due until September 2024.

¶ 16 Debra appeals from the August 26, 2024, order.

¶ 17 II. Analysis

¶ 18 On appeal, Debra contends that the trial court erred both in finding that section 20-19 of

the Act applied to the payment of the Settlor’s debts from the Trust, and in finding that she, as

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trustee, could not pay off the promissory note with Trust assets. As the issues in this case involve

the trial court’s interpretation of statutory law, our review is de novo. Central Illinois Light Co. v.

Department of Revenue, 335 Ill. App. 3d 412, 415 (2002).

¶ 19 When we interpret statutory language, our main objective is to determine and give effect

to the legislature’s intent. Westberg v. Barcroft, 2022 IL App (2d) 210543, ¶ 23 (citing Rosenbach

v. Six Flags Entertainment Corp., 2019 IL 123186, ¶ 24). “The most reliable indicator of

legislative intent is the statutory language, given its plain and ordinary meaning.” Id. “Each word,

clause, and sentence of a statute must be given a reasonable construction, and no term should be

rendered superfluous.” Id. (citing 1010 Lake Shore Ass’n v. Deutsche Bank National Trust Co.,

2015 IL 118372, ¶ 21). Moreover, a court cannot deviate from the statute’s plain and unambiguous

language by “reading into the statute exceptions, limitations, or conditions not expressed therein.”

Id. (citing Rosenbach, 2019 IL 123186, ¶ 24).

¶ 20 There is no question that article 10 of the Trust directs Debra to pay all “just debts” of the

Settlor from the Trust estate. The defendants acknowledge that the promissory note is Settlor’s

debt. However, the defendants dispute that the promissory note qualifies as a “just debt” and note

that section 20-19 of the Act expressly ended the common law doctrine of exoneration. Debra

claims that the trial court misinterpreted section 20-19 of the Act.

¶ 21 The common law doctrine of exoneration provided that a devisee of encumbered real estate

was entitled to a discharge of the encumbrance from the decedent’s personal estate unless

otherwise directed. Griffin v. Gould, 72 Ill. App. 3d 747, 749 (1979). This rule was followed in

Illinois “as a corollary of the common law principle that a decedent’s personalty is the primary

fund for payment of his debts.” Id. (citing Watts v. Killian, 300 Ill. 242 (1921); Martin v. Martin,

310 Ill. App. 622 (1941)).

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¶ 22 Historically, the exoneration question was debated in legal circles. Noting that exoneration

had been statutorily disposed of in New York in 1850 and in England in 1854, the question of

whether Illinois should follow suit was deemed problematic, and thus, “[i]f the testator wants his

will to reflect his wishes, what he thinks the law to be, then he must explicitly burden the devised

realty with its mortgage” and “[i]t seems probable that a testator would believe that an

encumbrance followed his devise. It would be more normal to expect him to comment if he wished

it to be otherwise.” Lloyd J. Tyler Jr., Should the Widow Pay?, 47 Ill. B.J. 850, 852-53 (1959).

“The inequitable case, the hard case ***, is more likely to occur where the devise is exonerated.”

Id. Another author suggested that the doctrine of exoneration “thwarts intention more often than it

fulfills it” and that “many, if not most testators, if they thought about the problem, would have said

the *** devisee, should take the property with whatever encumbrance there might be on it, and

assume the debt.” Austin Fleming, Will Drafting Problems Posed by Mortgage Indebtedness, 48

Ill. B.J. 846, 848 (1960).

¶ 23 The predecessor to section 20-19 of the Act took effect in 1967 (1967 Ill. Laws 2012

(§ 219b)) and eliminated the doctrine of exoneration, “[e]xcept as otherwise expressly provided

by decedent’s will.” 755 ILCS 5/20-19 (West 2022). After the predecessor to section 20-19 took

effect, legal scholars discussed application of the statutory language:

“A question suggested by the statutory words [of what is now section 20-19] is

whether a general direction to the legal representative to pay the debts of the decedent

constitutes an ‘express provision’ to the contrary. The majority rule appears to be that a

general direction to pay debts is merely declaratory of the law and does not of itself indicate

an affirmative or express intent to pay debts secured by a lien or encumbrance.” 4 William

M. James, Illinois Probate Law and Practice § 219b.4, at 242 (Austin Fleming Supp. 1975).

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Another author stated: “The new statute requires an express provision in the decedent’s will to

overcome the effect of the statute and a mere statement to pay the testator’s debts will not be

sufficient to overcome it.” Spencer H. Raymond, 1967 Legislative Changes Affecting Probate and

Trust Law, 56 Ill. B.J. 208, 215 (1967).

¶ 24 We review section 20-19 of the Act to determine if it applies to the outstanding

indebtedness on the Rentchler Station Road property. Section 20-19(a) expressly provides: “When

any real estate *** subject to an encumbrance *** passes by joint tenancy with right of

survivorship *** the *** surviving tenant *** to whom the real estate *** passes, takes it subject

to the encumbrance ***.” 755 ILCS 5/20-19(a) (West 2022). The Act defines an encumbrance to

include a mortgage. Id. § 1-2.07. Thus, section 20-19 unquestionably applies to the transfer of the

Rentchler Station Road property under the statute’s express terms.

¶ 25 The question that remains is whether Debra, as the undisputed owner of this property with

its monetary encumbrance, can use Trust assets to pay off the encumbrance. Debra argues that the

answer to this question lies within section 20-19 of the Act and contends that a decedent’s “real or

personal estate” is different from a decedent’s “trust estate,” and because she was seeking payment

of the promissory note with “trust” assets versus “real or personal estate” assets, the trial court’s

order was erroneous. She cites no legal authority for this proposition, other than to state that there

is no comparable statutory language in the Code (760 ILCS 3/101 et seq. (West 2022)).

¶ 26 We start with legal definitions of the terms at issue. The terms “real or personal estate,”

“real and personal estate,” and “trust estate” are not defined in the Act or the Code. The term “real

or personal estate” was used in the Act 9 times, 1 and the term, “real and personal estate” was used

1

The term “real or personal estate” can be found in sections 2-5, 4-6, 11-6, 11a-7, 13-4, 14-1, 20-19, 22-4, and 24-3 of the Act. See 755 ILCS 5/2-5, 4-6, 11-6, 11a-7, 13-4, 14-1, 20-19, 22-4, 24-3 (West 2022).

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16 times in the Act. 2 The term “personal estate” is defined as “personal property” as follows: “Any

movable or intangible thing that is subject to ownership and not classified as real property.”

Black’s Law Dictionary (12th ed. 2024) (directed to “personal property (1) under PROPERTY”).

The term “real estate” is defined as “real property” as follows: “Land and anything growing on,

attached to, or erected on it, excluding anything that may be severed without injury to the land.”

Black’s Law Dictionary (12th ed. 2024) (directed to “real property under PROPERTY”). The term

“trust estate” is defined as “corpus” as follows: “[t]he property for which a trustee is responsible;

the trust principal.—Also termed res; trust estate; trust fund; trust property; trust res; trust.”

Black’s Law Dictionary (12th ed. 2024) (directed to “corpus (1)”).

¶ 27 Using rules of statutory construction by giving the words their plain and ordinary meaning

(Westberg, 2022 IL App (2d) 210543, ¶ 23 (citing Rosenbach, 2019 IL 123186, ¶ 24)), we find

that the terms real and/or personal estate as used in the Act simply mean real property and/or

personal property. Reasonably interpreting this clause, we conclude that use of these terms, as they

have been legally defined, simply denotes the distinction between realty and personal assets.

Moreover, the term “trust estate” simply means the trust property. See id. (citing 1010 Lake Shore

Ass’n, 2015 IL 118372, ¶ 21).

¶ 28 We acknowledge that cases interpreting section 20-19’s prohibition of paying off

encumbrances have only involved real estate taxes and not a survivor’s attempt to pay off a

mortgage or promissory note. Nonetheless, we find that the analysis in these real estate taxes cases

is helpful.

2

The term “real and personal estate” can be found in sections 2-1, 2-2, 4-4, 4-13, 4-14, 6-2, 9-4, 9-8, 10-2, 10-4, 14-1, 18-14, 24-1, 24-3, 24-7, and 28-6 of the Act See 755 ILCS 5/2-1, 2-2, 4-4, 4-13, 4-14, 6-2, 9-4, 9-8, 10-2, 10-4, 14-1, 18-14, 24-1, 24-3, 24-7, 28-6 (West 2022).

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¶ 29 In Gould, 72 Ill. App. 3d at 750, Gould claimed that the will’s provision that “ ‘all

indebtedness’ ” is to be paid, necessarily included real estate taxes. Gould argued that the word,

“ ‘all’ ” must “be regarded as including the real estate taxes in order to avoid a construction

rendering the word meaningless or mere surplusage.” Id. at 752. The appellate court stated: “The

will must be considered in its entirety to determine testator’s intent and, to the extent possible, that

construction should be adopted which will give effect to all the language employed.” Id. (citing

Kiesling v. White, 411 Ill. 493, 499 (1952); Glaser v. Chicago Title & Trust Co., 393 Ill. 447, 457

(1946)). The appellate court declined to reach a conclusion that “ ‘all indebtedness’ ” included real

estate taxes, noting that given the history of exoneration, and section 20-19 of the Act, that phrase

did not authorize the payment of real estate taxes from the estate as that would be in “contravention

of the rule embodied in section 20-19.” Id. at 753. “To hold otherwise would have the effect of

introducing exoneration into a statute enacted for the very purpose of avoiding its general

application.” Id.; see In re Estate of Matthews, 409 Ill. App. 3d 780, 785-86 (2011) (holding that

the decedent’s direction to the executor “ ‘[t]o pay all governmental charges, taxes or liens imposed

upon my estate or upon the interest of any and all beneficiaries hereunder by any law of any state,

foreign state or federal government, relating to the transfer of property by descent or devise’ ” did

not constitute a specific direction for the estate to assume responsibility for the real estate taxes on

the decedent’s realty, and instead concerned the payment of estate and inheritance taxes);

Merchants National Bank of Aurora v. Olson, 27 Ill. App. 3d 432, 433-34 (1975) (applying section

20-19 of the Act and stating that the statute abrogates a surviving joint tenant’s rights “to have

liens on the real estate paid in whole or in part out of the decedent’s probate estate,” but concluding

that the bank—who only had a lien against the husband, and not the spouse—lost its lien upon the

husband’s death); In re Estate of Light, 385 Ill. App. 3d 196, 197, 201 (2008) (where the decedent’s

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will directed the executor to pay “ ‘all taxes assessed or imposed against [her] estate or against any

beneficiary of [her] estate,’ ” the court found that real estate taxes were not included because the

taxes were assessed and imposed against the real estate, not the decedent’s estate).

¶ 30 The promissory note and mortgage represent the Bank’s encumbrance against the property.

Debra’s request to use Trust assets to pay off the loan on the property at issue is clearly contrary

to the express wording of section 20-19 of the Act. See 755 ILCS 5/20-19(a) (West 2022). As

Illinois law prohibits exoneration of the debt on encumbered assets, Debra, as the sole owner, is

solely responsible for the outstanding debt. We note that the Settlor could have expressly

authorized use of the Trust assets to pay off this encumbrance, but he did not. There is no catchall provision allowing exoneration of debts on encumbered assets in his Trust. Moreover, he could

have included this type of provision in his will or in a codicil to his will. He did not. As the first

sentence of section 20-19 of the Act states: “Except as otherwise provided by decedent’s will,”

there is no exoneration of encumbered assets in real estate. Id. § 20-19.

¶ 31 The provisions of the Trust provide additional support for the conclusion that Settlor never

intended his trust assets to be used to pay off the encumbrance on the Rentchler Station Road

property. “This court’s primary concern in construing a trust is to discover the settlor’s intent,

which the court will effectuate if it is not contrary to law or public policy.” Estate of Mendelson v.

Mendelson, 2016 IL App (2d) 150084, ¶ 25 (citing First National Bank of Chicago v. Canton

Council of Campfire Girls, Inc., 85 Ill. 2d 507, 513 (1981)). “The settlor’s intent is determined as

of the time the instrument is executed.” Id. To ascertain the settlor’s intent, we must consider the

plain and ordinary meaning of the words used by the settlor and must also consider the entire

document. Id. (citing First National Bank of Chicago, 85 Ill. 2d at 514).

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¶ 32 In the Settlor’s trust, he made provisions to allow Debra to have the marital home in

Monticello “as her sole property” if they were living in that home when he died. He makes no

provisions about payment of real estate taxes, insurance, maintenance, or any other costs

associated with home ownership. Notably, Debra did not seek guidance from the court on who was

responsible for said expenses.

¶ 33 As Debra was living in the Monticello home when the Settlor died, alternative Trust

provisions for Debra’s housing after his death are inapplicable. However, we find that the

alternative provisions provide insight into the Settlor’s intentions. If they had been living anywhere

but the Monticello home, the Settlor provided that while Debra could live there for her lifetime—

so long as she did not remarry or cohabitate with another person on a conjugal basis—she was

expressly responsible for “costs and expenses incident to the use, debt service, maintenance and

protection thereof, including the cost of monthly mortgage payments, if any, insurance and the

taxes thereon.” Additionally, upon either Debra’s “death, remarriage, cohabitation, abandonment

of said property, or failure to pay the aforesaid costs and expenses incident to the use thereof, or

at my death, if my wife predeceases me, said property shall be distributed per stirpes to my

descendants then surviving.”

¶ 34 Article four of the Trust also capped the amount Debra could receive for the “property.” It

is not clear what “the property” is as it was not defined, but it is not characterized as a marital

domicile as used in other paragraphs in article four. The provision states:

“If the property which my wife and I own jointly *** does not have a *** fair market value,

less mortgage or security interest debt *** of at least $250,000.00 at the date of my death,

my successor Trustee shall distribute next from the Trust Estate to my wife an amount

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equal to the difference between the *** [fair] market value of said jointly owned property

and the sum of $250,000.00 ***.”

¶ 35 We conclude that the Settlor’s intent was to provide housing for Debra so long as she did

not remarry or cohabitate with a partner, that she was solely responsible for all costs and expenses

associated with this housing, and that she was entitled to a certain amount of money for “the

property.” The balance of the trust was to be distributed to the Settlor’s two sons, the defendants.

Outside of the trust, Debra received the Rentchler Station Road property as the surviving joint

tenant subject to the amount owed to the Bank. We find no basis in law or in the express terms of

the Settlor’s Trust and/or his will that Debra was entitled to pay off the encumbrance on the

Rentchler Station Road property with Trust assets.

¶ 36 III. Conclusion

¶ 37 For the foregoing reasons, we affirm the order of the Piatt County circuit court.

¶ 38 Affirmed.

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Tiedemann v. Tiedemann, 2025 IL App (5th) 241010

Decision Under Review: Appeal from the Circuit Court of Piatt County, No. 24-CH-2; the

Hon. Dana C. Rhoades, Judge, presiding.

Attorneys Michael J. Brusatte, David C. Thies, and Mia O. Hernandez, of for Webber & Thies, P.C., of Champaign, for appellant.

Appellant:

Attorneys David A. Rolf and Andrew T. Jarmer, of Sorling Northrup, of for Springfield, for appellees.

Appellee:

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