Estate v. McDonald
| Decision Date | 01 February 2021 |
| Docket Number | 2-19-1113 |
| Citation | 2021 IL App (2d) 191113,184 N.E.3d 1049,452 Ill.Dec. 68 |
| Parties | IN RE ESTATE OF John W. MCDONALD III, Deceased (Shawn McDonald, Petitioner and Counterrespondent-Appellee, v. Ellizzette McDonald, Respondent and Counterpetitioner-Appellant). |
| Court | United States Appellate Court of Illinois |
Steven J. Roeder and Thomas D. Gipson, of Roeder Law Offices LLC, of Chicago, and Robert G. Black, Law Offices of Robert G. Black, P.C., of Naperville, for appellant.
Patrick M. Kinnally and Christopher J. Warmbold, of Kinnally Flaherty Krentz Loran Hodge & Masur PC, of Aurora, for appellee.
¶ 2 This appeal concerns the estate of decedent, John W. McDonald III. Decedent died intestate on December 11, 2017. Four days later, petitioner, Shawn McDonald (Shawn), decedent's brother, filed in the circuit court of Kane County a petition for letters of administration and an affidavit of heirship. The trial court appointed Shawn as the administrator of decedent's estate and declared decedent's parents—John W. McDonald Jr. and Brenda K. McDonald—and siblings—Shawn, Heather Ladue, and Brett McDonald—as his only heirs. Respondent, Ellizzette McDonald (Ellizzette), purporting to be decedent's surviving spouse, sought to vacate the order appointing Shawn as the administrator of decedent's estate and the order of heirship. The trial court denied Ellizzette's motion but granted her leave to proceed pursuant to section 9-7 of the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/9-7 (West 2016) ). Ellizzette then filed a petition for letters of administration, an affidavit of heirship, and a motion for judgment on the pleadings with regard to her petition for letters of administration. After the trial court denied Ellizzette's motion for judgment on the pleadings, the matter proceeded to a bench trial. Shawn moved for a directed finding at the close of Ellizzette's case. The trial court granted Shawn's motion, concluding that Ellizzette failed to present a prima facie case on the validity of her marriage to decedent. Ellizzette then filed a notice of appeal.
¶ 3 On appeal, Ellizzette raises five principal issues. First, she argues that the trial court erred when it appointed Shawn as the administrator of decedent's estate, because she was not provided with the statutorily required notice. Second, she asserts that the trial court erred in denying her motion for judgment on the pleadings. Third, she contends that the trial court erred in granting Shawn's motion for a directed finding. Fourth, she argues that the trial court committed reversible error in barring her from testifying, at the trial on her petition, regarding her marriage and heirship. Finally, she maintains that the trial court erred in denying her motion for a continuance. For the reasons set forth below, we affirm in part, reverse in part, and remand this matter for further proceedings.
¶ 5 Decedent died intestate on December 11, 2017, in Paris, Illinois. As noted, Shawn is decedent's brother and Ellizzette purports to be decedent's surviving spouse.
¶ 7 On March 7, 2017, Shawn filed in the circuit court of Kane County a petition for the appointment of a guardian for a disabled person. In support of the guardianship petition, Shawn submitted a physician's report stating that decedent suffered from "bipolar disorder
with manic and depressive episodes" as well as "alcohol use disorder (severe)." On May 30, 2017, the trial court entered an order declaring decedent a disabled person who "is totally without capacity" as specified in section 11a-3 of the Probate Act ( 755 ILCS 5/11a-3 (West 2016) ) and appointing Shawn as the plenary guardian of decedent's person and estate. The record suggests that decedent did not participate in the guardianship proceedings. When made aware of the proceedings, decedent obtained counsel and objected to the order appointing Shawn as his guardian. However, the record does not show that a trial was conducted on whether the guardianship should have been entered.
¶ 9 On December 15, 2017, four days after decedent's death, Shawn filed in the circuit court of Kane County (1) a petition for letters of administration and (2) an affidavit of heirship. In his affidavit of heirship, Shawn asserted that decedent had been married "once and only once and then to Debbie Greene McDonald," with said marriage ending in divorce sometime prior to 2012. Shawn stated that on July 11, 2017, decedent "participated in a wedding ceremony with Ellizzette Duvall Minnicelli." Shawn claimed, however, that the marriage was void ab initio because decedent lacked the capacity to consent to the marriage. Therefore, Shawn requested that decedent's parents and his three siblings be declared as decedent's heirs at law. The matter was assigned to Judge John A. Noverini. In an order bearing the handwritten date of December 18, 2017, but file-stamped December 19, 2017, Judge Noverini appointed Shawn as the administrator of decedent's estate. Judge Noverini also entered an order declaring heirship, listing decedent's parents and his three siblings as his only heirs. On December 21, 2017, the clerk of the circuit court issued letters of office advising of Shawn's appointment as the independent administrator of decedent's estate pursuant to the order entered by the trial court.
¶ 11 On December 22, 2017, Shawn filed a verified "Petition for Declaration of Invalidity of a Marriage," pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) ( 750 ILCS 5/301(1) (West 2016)). The petition asserted as follows. On July 11, 2017, decedent participated in a marriage ceremony with an individual named "Ellizzette Duvall Minnicelli" in Edgar County, Illinois. Shawn first learned of the marriage ceremony when it was disclosed to him in open court on November 16, 2017, during a hearing in the guardianship case. Because decedent's person and estate were under plenary guardianship when he participated in the marriage ceremony, decedent lacked the legal capacity to consent to the marriage. At the time the marriage ceremony was performed, decedent had actual knowledge of the existence of the guardianship and was actively participating in litigation in the guardianship case. Further, at the time the marriage ceremony was performed, "Ellizzette Duvall Minnicelli" had actual knowledge of the existence of the guardianship and was actively assisting decedent in pursuing then-ongoing litigation in the guardianship case. Shawn prayed for the entry of an order "declaring the invalidity of the marriage of the Decedent *** to Ellizzette Duvall Minnicelli and further declaring the said marriage to be void ab initio. " Attached to the petition was a copy of a "Certification of Marriage" issued by the clerk of Edgar County, Illinois. Shawn voluntarily withdrew this pleading without prejudice on March 7, 2018.
¶ 13 Meanwhile, on January 4, 2018, counsel entered an appearance on Ellizzette's behalf. That same day, Ellizzette filed a motion for substitution of judge as a matter of right. Ellizzette's motion was granted, and the matter was transferred to Judge James R. Murphy.
¶ 14 On January 17, 2018, Ellizzette filed a "Motion to Vacate Order Appointing Administration and Order of Heirship."1 Ellizzette's motion asserted that the order appointing Shawn as the administrator of decedent's estate and the order of heirship should be vacated because Shawn obtained letters of administration and assumed control of decedent's estate under false pretenses. Specifically, Ellizzette contended that, (1) as decedent's surviving spouse, she is decedent's sole heir and has a superior right to act as decedent's administrator and (2) Shawn intentionally failed to provide her notice of his petition for letters.
¶ 15 On March 7, 2018, Shawn filed his response to Ellizzette's motion to vacate. Shawn asserted that, although Ellizzette participated in a "marriage ceremony" with decedent, decedent lacked the capacity to enter into a "marriage contract," because of the guardianship. In support of his position, Shawn cited section 11a-22(b) of the Probate Act ( 755 ILCS 5/11a-22(b) (West 2016)). Section 11a-22(b) provides that "[e]very note, bill, bond or other contract by any person for whom a plenary guardian has been appointed or who is adjudged to be unable to so contract is void against that person and his estate, but a person making a contract with the person so adjudged is bound thereby." 755 ILCS 5/11a-22(b) (West 2016). Shawn asserted that marriage is a contract. Hence, pursuant to section 11a-22(b), the "marriage contract" entered into on July 11, 2017, between decedent and Ellizzette is void. Since the marriage is void, decedent was not married at the time of his death and his only heirs at law are his parents and his siblings. Shawn did not dispute that Ellizzette was not provided notice of his petition for letters of administration. He asserted, however, that notice is required to be served on only a decedent's heirs. Since Ellizzette is not an heir, there was no need to serve notice on her.
¶ 16 In her reply to Shawn's response, Ellizzette argued that section 11a-22(b) of the Probate Act does not address the validity of a marriage but, rather, is intended to address transactional contracts entered into by a ward. Ellizzette further asserted that her marriage to decedent enjoys a strong presumption of validity under Illinois law (see Larson v. Larson , 42 Ill. App. 2d 467, 472, 192 N.E.2d 594 (1963) (...
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...is contrary to the manifest weight of the evidence."¶ 36 On the other hand, in In re Estate of McDonald , 2021 IL App (2d) 191113, ¶ 88, 452 Ill.Dec. 68, 184 N.E.3d 1049, this court recently reached a different conclusion—that when the trial court resolves a motion for a directed finding by......