Hollis v. Hirschfeld (In re Estate of Hirschfeld)
| Decision Date | 16 February 2021 |
| Docket Number | NO. 4-19-0632,4-19-0632 |
| Citation | 2021 IL App (4th) 190632 -U |
| Parties | In re ESTATE OF JOHN C. HIRSCHFELD, Deceased (Laura L. (Hirschfeld) Hollis, John S. Hirschfeld, Christopher C. Hirschfeld, Jennifer E. (Hirschfeld) Ryan, Adam B. Hirschfeld, Catherine P. (Hirschfeld) Murphy, and Robert F. Hirschfeld, Petitioners-Appellants, v. Mary E. Hirschfeld, Executrix, Respondent-Appellee). |
| Court | United States Appellate Court of Illinois |
NOTICE
This Order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from the Circuit Court of Champaign County
Honorable Gary A. Webber, Judge Presiding.
¶ 1 Held: The circuit court did not err by granting executrix's motion for summary judgment on the will contest brought by decedent's children.
¶ 2 In June 2015, petitioners, Laura L. (Hirschfeld) Hollis, John S. Hirschfeld, Christopher C. Hirschfeld, Jennifer E. (Hirschfeld) Ryan, Adam B. Hirschfeld, Catherine P. (Hirschfeld) Murphy, and Robert F. Hirschfeld (collectively the Hirschfeld Siblings), filed a petition to contest the validity of and set aside the will of their father, John C. Hirschfeld, deceased. They sought to set aside decedent's will executed in August 2006 (hereinafter August 2006 Will) based on (1) a lack of testamentary capacity, (2) undue influence, and (3) fraud. The petition was later amended. In November 2017, respondent, Mary E. Hirschfeld, executrix of decedent's estate, filed a motion for summary judgment on the amended petition to contest the validity of decedent's August 2006 Will. The Hirschfeld Siblings filed a response to the summary judgment motion and attached 16 exhibits. Executrix filed a reply and a motion to strike the Hirschfeld Siblings' exhibits. Thereafter, the Hirschfeld Siblings filed a motion to stay the summary judgment proceedings to continue and complete discovery. In June 2019, the Champaign County circuit court granted in part and denied in part executrix's motion to strike and denied the Hirschfeld Siblings' motion to stay the summary judgment proceedings. After a July 2019 hearing, the court granted executrix's summary judgment motion.
¶ 3 The Hirschfeld Siblings appeal, asserting (1) the circuit court erred by denying their motion to stay the summary judgment proceedings to permit further discovery, (2) the court erred by striking many of the exhibits attached to their response to the summary judgment motion, (3) the court erred by granting summary judgment in favor of executrix, and (4) the cumulative effect of the errors denied the Hirschfeld Siblings the ability to present a thorough case in summary judgment and the right to present their case to a jury. We affirm.
¶ 5 Decedent died on November 30, 2014. At the time of his death, decedent was living in Champaign, Illinois, with his second wife, executrix of decedent's estate. The Hirschfeld Siblings were decedent's seven children with decedent's first wife, Rita Porteous (Hirschfeld) Henneman.
¶ 6 On April 1, 1997, decedent executed a will (hereinafter 1997 Will) naming his son, John S. Hirschfeld, as the executor and leaving all of his property in equal shares to the Hirschfeld Siblings. The judgment dissolving the marriage of decedent and Henneman was entered on August 11, 1998. At that time, decedent's estate was valued at approximately $2,600,000. Decedent had retired from the full-time practice of law at the firm of Meyer Capel but continued to receive income from multiple sources.
¶ 7 On May 29, 1999, decedent married executrix. On March 24, 2000, decedent executed a durable power of attorney naming executrix as his attorney-in-fact. In January 2004, decedent executed a will (hereinafter 2004 Will). The 2004 Will named Donald Aldeen, one of decedent's former law partners, as executor. The 2004 Will noted decedent owned a home on Waverly Drive in Champaign and, if he still owned the home at his death, he left his interest in the home to executrix for life. Upon executrix's death, decedent's interest in the Waverly Drive home was to be equally divided among the Hirschfeld Siblings. The 2004 Will also left executrix $495,000. Decedent stated the aforementioned amount was 51% of $965,895, which was the sum of the $495,000 plus $470,895, the expected proceeds from decedent's life insurance policies. Decedent stated in his will he had left his life insurance proceeds to the Hirschfeld Siblings in an irrevocable life insurance trust. The 2004 Will further identified the types of assets executrix could choose from in receiving her $495,000. Decedent then left the remainder of his property, including the proceeds from the sale of decedent's Mariway Farms if he still owned the property at the time of his death, 51% to executrix and 7% of to each of the Hirschfeld Siblings. Decedent also left certain personal property to each of the Hirschfeld Siblings. In February 2006, decedent executed another will (hereinafter February 2006 Will). The copy in the record of the February 2006 Will is unsigned. The February 2006 Will included the name of a new grandchild and listed gold as one of the assets from which executrix could select in receiving her $495,000. The main bequests in the will stayed the same as the 2004 Will. In August 2006, decedent executed the will, which is the subject of the will contest. The August 2006 Will named executrix as the executor of decedent's estate. The distribution of most of the property remained the same as in the 2004 Will and the February 2006 Will. Decedent did make changes to the personal property gifts he left to the Hirschfeld Siblings.
¶ 8 In December 2014, executrix filed the petition for probate of decedent's August 2006 Will and for letters testamentary. The petition listed the value of decedent's personal estate as $226,000 and the value of his real estate as "Undetermined." That same month, the circuit court entered an order admitting the will to probate and appointed executrix as the independent executor. In January 2015, executrix filed the inventory, listing the decedent's personal property with a total value of $209,499.53 and stating the decedent had no real estate.
¶ 9 Thereafter, counsel for the Hirschfeld Siblings entered her appearance in this case and filed a petition to terminate independent administration of the estate, which the circuit court granted. In May 2015, the Hirschfeld Siblings filed a petition for an accounting and for a citation to discover information, which they later amended several times. In June 2015, the Hirschfeld Siblings filed their petition to contest the validity of and set aside the August 2006 Will. In their petition, the Hirschfeld Siblings asserted (1) decedent lacked the requisite testamentary capacity, (2) the August 2006 Will was procured by executrix's undue influence, and (3) the August 2006 Will was procured by fraud committed by executrix. The petition prayed for, inter alia, (1) the invalidation of the August 2006 Will, (2) the admission of the 1997 Will to probate to be administered by the court, and (3) the removal of executrix as executor of decedent's estate. Executrix filed a motion to dismiss the Hirschfeld Siblings' petition, which the court granted in part and denied in part. In February 2016, the Hirschfeld Siblings filed a first amended petition to contest the validity of and set aside the August 2006 Will, raising the same three contentions. Attached to the first amended petition to contest the validity of the August 2006 Will were copies of the 1997 Will and the 2004 Will.
¶ 10 Regarding decedent's testamentary capacity, the petition alleged "[d]ecedent lacked testamentary capacity to know the nature and extent of his property, know the naturalobjects of his bounty, and make a disposition of his property in accordance with some plan formed in his mind." They noted decedent was diagnosed with a brain tumor and dementia in January 2005 and he also suffered from the degenerative effects of decades of alcoholism and prescription medication abuse. Additionally, decedent was on more than 10 prescription medications and continued to drink alcohol even though many of the prescription medications strongly discouraged alcohol use. The Hirschfeld Siblings also pointed out several inconsistencies between the August 2006 Will and the actual property owned by decedent.
¶ 11 As to undue influence, the petition alleged executrix was displeased with decedent's estate plan under the 1997 Will and threatened to leave decedent unless he adjusted his estate plan to give her control of the estate. Between 2000 and 2005, decedent and the Hirschfeld Siblings were preparing to place certain real and personal property of decedent located in Williamson County into a family limited liability company (LLC). After executrix learned about the plan, she demanded decedent back out of the plan to create an LLC and give her control of the property in Williamson County. Decedent did not go through with the plan to create a family LLC and purportedly executed the August 2006 Will shortly after making that decision. The count also alleged decedent was increasingly and completely dependent upon executrix for his care, which placed executrix in a dominant role with respect to decedent's health; psychological, physical, and emotional care; and his property, assets, and finances. Decedent reposed trust and confidence in executrix as a result of her being his wife and then later as a necessity due to his declining physical and mental conditions. According to the Hirschfeld Siblings, when decedent executed the August 2006 Will, he was no longer licensed to practice law, no longer capable of providing legal advice, unable to properly draft legal documents, and could not accurately assess the independent merits of legal advice provided by another, whichplaced executrix in an...
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