Buczkiewicz v. Bohn (In re Estate of Bohn)

• Court: Appellate Court of Illinois
• Writing for the Court: JUSTICE BURKE delivered the judgment of the court, with opinion.
• Citation: Buczkiewicz v. Bohn (In re Estate of Bohn), 2019 IL App (1st) 173083, 127 N.E.3d 1109, 431 Ill.Dec. 576 (Ill. App. 2019)
• Decision Date: 28 March 2019
• Docket Number: No. 1-17-3083,1-17-3083
• Parties: IN RE ESTATE OF John A. BOHN Jr., Deceased (Patricia A. Buczkiewicz, Claimant-Appellant, v. John Bohn, Sr., as Independent Administrator of the Estate of John A. Bohn Jr., Deceased, Respondent-Appellee).

2019 IL App (1st) 173083

127 N.E.3d 1109

431 Ill.Dec. 576

IN RE ESTATE OF John A. BOHN Jr., Deceased

(Patricia A. Buczkiewicz, Claimant-Appellant,

v.John Bohn, Sr., as Independent Administrator of the Estate of John A. Bohn Jr., Deceased, Respondent-Appellee).

No. 1-17-3083

Appellate Court of Illinois, First District, Fourth Division.

Filed March 28, 2019

Steven P. Blonder, Kevin M. Noonan, and Jonathan L. Loew, of Much Shelist, P.C., of Chicago, for appellant.

No brief filed for appellee.

JUSTICE BURKE delivered the judgment of the court, with opinion.

¶ 1 After John A. Bohn Jr., passed away, his father opened a probate estate and was appointed the estate's administrator. Patricia A. Buczkiewicz filed a claim against the estate, alleging that she and the decedent had lived together for 40 years and seeking quantum meruit and fair compensation for various services rendered while he was alive. On the estate's motion, the circuit court dismissed her claim, finding that, as a matter of law, she was incapable of providing caregiving services to the decedent. The court based its ruling solely on photographs that had been attached to the estate's reply in support of its motion to dismiss, which depicted the residence previously owned by the decedent, now part of his estate, in a state of disrepair. On appeal, Buczkiewicz contends that the circuit court erred in dismissing her claim based solely on the photographs of the residence. We agree with Buczkiewicz, and for the reasons that follow, we reverse the circuit court's dismissal and remand for further proceedings.

¶ 2 I. BACKGROUND

¶ 3 On February 7, 2016, John A. Bohn Jr. (decedent) passed away at age 57 without a will, leaving to his estate a nominal amount of cash and real estate worth approximately $ 100,000. The decedent's father, John Bohn Sr., opened a probate estate and filed a petition for letters of administration. The circuit court granted the petition and appointed him the independent administrator of the decedent's estate (administrator). For three weeks in April 2016, the administrator published notice of the decedent's death, informing potential creditors that claims must be filed against the estate on or before October 11, 2016.

¶ 4 In August 2016, Patricia A. Buczkiewicz filed a pro se complaint against the estate, alleging that she and the decedent met in 1976 and had lived together for 40 years without marrying. She claimed that they supported each other over the years, and in 1998, they moved to Northlake, Illinois. At some point after moving, she was electrocuted at work and could no longer adequately perform her work duties. While the decedent worked, Buczkiewicz stayed home and performed various household chores. For her work over the years, she allegedly never received any compensation. After the decedent passed away, the administrator evicted Buczkiewicz from the Northlake residence. Buczkiewicz sought "quantum meruit support during life," an opportunity to be heard, and "what's fair."

¶ 5 The estate moved to dismiss Buczkiewicz's complaint, arguing that she had no standing in the cause and was not an interested party because she never filed a timely claim with the estate. The estate also asserted that Buczkiewicz had been evicted from the residence by an order of the court (case no. 2016 M4 3095), and in the eviction action, she raised the same allegations contained in her complaint, but the circuit court deemed them unfounded. Buczkiewicz subsequently obtained the representation of counsel.

¶ 6 Buczkiewicz responded to the estate's motion, arguing that she was a creditor of the estate, she was an interested person under Illinois law, and her complaint against the estate was timely filed. Further, she posited that, while the eviction action adjudicated a right to possession of the Northlake residence, it did not adjudicate her claim against the estate. She contended that her complaint's principal allegation was the entitlement to fair compensation for the caregiving services rendered to the decedent while he was alive, and she should have the merits of her claim heard.

¶ 7 The estate replied and gave its version of the decedent's relationship with Buczkiewicz and her connection to the Northlake residence. According to the reply, Buczkiewicz and the decedent met in 1976, but did not live together for 40 years. The decedent bought the Northlake residence in 1998 and moved there with his parents, not Buczkiewicz. The parents remained there until 2007, when they moved to Chicago. At that time, the decedent allowed Buczkiewicz to live in one room of the Northlake residence. In October 2009, the decedent and Buczkiewicz argued about her "hoarding habits," which prompted him to move to Chicago, where he remained until his death in February 2016. Meanwhile, Buczkiewicz continued to live at the Northlake residence. In November 2011, the decedent gave her a 30-day eviction notice. In January 2012, he filed a forcible detainer action to evict her from the residence (case no. 12 M4 30). Although the circuit court entered an order of possession in his favor, he did not enforce the order because Buczkiewicz promised to vacate the residence. On October 20, 2016, eight months after the decedent passed away, the administrator, on behalf of the estate, obtained an order of possession for the Northlake residence against Buczkiewicz (case no. 2016 M4 3095). After obtaining possession of the Northlake residence, the administrator found the home "uninhabitable" due to Buczkiewicz's actions, and the estate had to expend thousands of dollars to clean the residence. The estate's reply asserted that Buczkiewicz never provided services to the decedent and never paid rent, taxes, insurance, or utilities for the residence. The estate contended that Buczkiewicz had no legal relationship with the decedent and never provided services to him. It also maintained that she failed to file a timely and valid claim against the estate.

¶ 8 The administrator of the estate attached multiple documents to the reply, including several photographs allegedly from the Northlake residence that demonstrated how the residence was uninhabitable. The photographs show garbage bags strewn all over the residence, including, according to the administrator, "human feces" on the ground.

¶ 9 In December 2017, in a written order, the circuit court granted the estate's motion to dismiss with prejudice. The court found that Buczkiewicz had timely filed her claim against the estate, but, "based on the pictures attached to the estate's reply," held "as a matter of law that Ms. Buczkiewicz was incapable of providing caregiving services to decedent."

¶ 10 Buczkiewicz subsequently appealed under Illinois Supreme Court Rule 304(b)(1) (eff. Mar. 8, 2016).

¶ 11 II. ANALYSIS

¶ 12 Buczkiewicz contends that the circuit court erred by holding that, as a matter of law, she was incapable of providing caregiving services to the decedent while he was alive, based solely on unauthenticated photographs that were attached to the reply of the estate's motion to dismiss.

¶ 13 Initially, we note that the estate has not filed a brief as the appellee in this matter. But in light of the claimed error, we do not need the aid of an appellee's brief to resolve this appeal. See First Capitol Mortgage Corp. v. Talandis Construction Corp. , 63 Ill. 2d 128, 133, 345 N.E.2d 493 (1976).

¶ 14 Before discussing the propriety of the circuit court's dismissal, we first observe that, in filing a claim against an estate, " ‘[t]echnical legal form is not required.’ " In re Estate of Krpan , 2013 IL App (2d) 121424, ¶ 19, 374 Ill.Dec. 758, 996 N.E.2d 205 (quoting In re Estate of Wagler , 217 Ill. App. 3d 526, 529, 160 Ill.Dec. 553, 577 N.E.2d 878 (1991) ). To adequately file a claim against an estate, the party may file the claim with the circuit court, the representative of the estate, or both ( 755 ILCS 5/18-1(a) (West 2016) ). The claim must be filed "in writing" and state "sufficient information to notify the representative of the nature of the claim or other relief sought" (id. § 18-2). Because a claim is not a pleading, it does not need to be well-pled, as our rules of civil procedure would normally demand ( In re Estate of Krpan , 2013 IL App (2d) 121424, ¶ 19, 374 Ill.Dec. 758, 996 N.E.2d 205), nor does it even need to set forth a formal legal claim. Craig v. Zink , 2016 IL App (4th) 150939, ¶ 28, 407 Ill.Dec. 791, 64 N.E.3d 169. While the form necessary to present a claim is relaxed, the time to file one is not. In re Estate of Parker , 2011 IL App (1st) 102871, ¶¶ 57-58, 354 Ill.Dec. 138, 957 N.E.2d 454. If the claim is not filed against the estate within the time period prescribed by the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/1-1 et seq. (West 2016) ), the claim is barred. In re Estate of Parker , 2011 IL App (1st) 102871, ¶¶ 57-58, 354 Ill.Dec. 138, 957 N.E.2d 454. In this case, the time period was within six months of the first published notice of the decedent's death. See 755 ILCS 5/18-3(a), 18-12(a) (West 2016).

¶ 15 Given these relaxed standards, Buczkiewicz's claim against the estate, filed in the circuit court and alleging that she was entitled to quantum meruit and "fair" compensation for various services rendered over the years for the decedent, was sufficient to meet the requirements of sections 18-1(a) and 18-2 of the Probate Act (id. §§ 18-1(a), 18-2 ). See In re Estate of Walsh , 2012 IL App (2d) 110938, ¶¶ 59-61, 361 Ill.Dec. 763, 972 N.E.2d 248 (determining whether a claimant against an estate had sufficiently established the elements of quantum meruit at trial); In re Estate of Brittin , 247 Ill. App. 3d 756, 760, 187 Ill.Dec. 420, 617 N.E.2d 877 (1993) (finding that the claimants made a valid claim against an estate for the value of services performed by them for the decedent). Furthermore, Buczkiewicz timely filed her claim, as she did so within six months of the first published notice of the decedent's death.

¶ 16 Once...