Estate v. Cerami
Decision Date | 28 September 2018 |
Docket Number | No. 1-17-2073,1-17-2073 |
Citation | 431 Ill.Dec. 43,127 N.E.3d 576,2018 IL App (1st) 172073 |
Parties | IN RE ESTATE OF James F. CERAMI, Deceased (Salvatore Cerami, Executor-Appellant, v. Christina Cerami, Claimant-Appellee). |
Court | United States Appellate Court of Illinois |
Graham B. Schmidt, of Lincoln Law Partners, P.C., of Chicago, for appellant.
Cornelius E. McKnight, Kevin Q. Butler, and Bryan T. Butcher, of McKnight & Kitzinger, LLC, of Chicago, for appellee.
¶ 1 The executor, Salvatore Cerami (Executor), appeals from the denial of his section 2-619 ( 735 ILCS 5/2-619 (West 2014) ) motion to dismiss the renunciation of will filed by claimant, Christina Cerami, in the Estate of James F. Cerami, deceased.
¶ 2 The record shows that Christina and James were married for almost 20 years, until James died on January 16, 2013. James was survived by three children from a previous marriage—Salvatore, Lawrence, and Dora Ann.
¶ 3 On August 14, 2013, Christina opened a probate estate and filed a petition for letters of administration in the circuit court. Exhibit A to the petition stated that a "will dated April 13, 1993, apparently executed by the Decedent, James F. Cerami, was filed with the Clerk of the Circuit Court of Cook County" on February 4, 2013, but that Christina "at this time does not have sufficient information with which to make any determination regarding the validity of this will of the Decedent."
¶ 4 On January 15, 2015, Christina filed a claim against her husband's estate for an amount to be determined, in excess of $100,000. She sought compensation for "Custodial Care" pursuant to section 18-1.1 of the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/18-1.1 (West 2014) ) and "common law" and raised a claim "for share of earnings and benefits—Breach of premarital agreement." Christina stated that the parties had entered into a premarital agreement and contended that she had "not received all that she is entitled to under and/or in accordance with the premarital agreement, including * * * income earned during marriage and survivor benefits on any pension, profit-sharing, or retirement plan or account."
¶ 5 Pursuant to the June 7, 1993, premarital agreement, which is included in the record, the parties waived their claims and interests in various property and assets of the other party and agreed on how to separate their assets in the event of divorce or death. Specifically, James agreed to "name CHRISTINA as the person entitled to receive any survivor benefits to which he is or may be entitled as a result of having an interest in any pension, profitsharing, or retirement plan or account." He also agreed to "maintain a life insurance policy on his life in an unencumbered amount not less than $100,000 naming CHRISTINA the sole beneficiary thereunder so long as the parties remain married." The parties agreed to "file State and Federal tax returns as joint or married filing separate, whichever shall create the lesser total tax liability," and agreed to waive certain probate rights, including their rights "to renounce, to elect to take against, or to contest" the other party's will.
¶ 6 On January 30, 2015, James's son, Salvatore, moved to dismiss Christina's letters of administration pursuant to section 2-619 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-619 (West 2014) ), arguing that, in the premarital agreement, Christina had waived her right to serve as administrator of James's estate. On February 26, 2015, the court entered an order denying Christina's custodial care claims, and granting Salvatore leave to file a cross-petition for probate of will. Salvatore did so on March 24, 2015. Two days later, on March 26, 2015, James's will—dated April 13, 1993—was admitted to probate, and Salvatore was appointed as independent executor of the estate.
¶ 7 On April 23, 2015, Christina filed an "Amended Claim for Share of Earnings and Benefits Due to Breach/Unenforceability of Premarital Agreement." Christina asked the court to reconsider her custodial claim because "[f]or the last five years of their marriage, CHRISTINA sacrificed a successful career to care for JAMES full time" and the "circumstances in hindsight raise an ‘issue of unconscionability’ " regarding the provision of the premarital agreement disallowing such a claim. Christina further contended that James had breached the premarital agreement in a number of ways, including that he failed to name her "as the person entitled to receive survivor benefits" on his "pension, profit-sharing or retirement plan or account"; that he filed "Married Filing Separately" tax returns, despite the fact that filing jointly would have created a lesser tax burden; and that he failed to maintain a life insurance policy, naming her as the sole beneficiary. Christina requested that the court either (1) declare the premarital agreement unenforceable against her or (2) order various documents to be turned over to her so that "forensic accounting c[ould] be conducted."
¶ 8 Thereafter, the parties engaged in extensive litigation regarding Christina's claims, including additional briefing and four days of evidentiary hearings and arguments. The court found that James breached the premarital agreement in several ways, including by failing to name Christina as the beneficiary on two of his retirement accounts, by failing to name her as the sole beneficiary of his $500,000 life insurance policy, and by filing tax returns "married filing separately," when filing jointly would have created a lesser tax liability.
¶ 9 On various occasions during hearings on Christina's claims, the court expressed concern about how to calculate damages, and whether, as a result of James's many breaches, the court should "take the entire premarital agreement and throw it out the window." During a hearing on July 7, 2016, the court noted that Christina waived "her probate rights" in the premarital agreement, and that if the court
¶ 10 On August 29, 2016, the following exchange occurred:
¶ 11 The court then ordered the parties to submit additional briefing on damages stemming from James's failure to file joint tax returns, with proposed findings of facts and calculations of damages.
¶ 12 The parties submitted their proposals on September 19, 2016, with Christina proposing approximately $300,000 in damages for that breach, representing the difference in tax liability that would have been owed by the parties had they filed jointly, plus statutory interest. The Executor argued that no damages existed, because James paid his taxes out of his own funds and Christina would not have benefitted from the money James would have saved by filing jointly. In the alternative, the Executor stated that if the court decided that "nominal damages" were appropriate, he suggested the amount of $10,000.
¶ 13 The court heard argument from the parties on September 22, 2016. Counsel for the Executor argued that Christina had not adequately established damages from James's breaches, and accordingly, only "nominal...
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