In re Estate of Pawlinski
407 Ill. App. 3d 957
| Ill. App. Ct. | 2011Background
- Victoria Pawlinski died August 24, 2004, survived by Sid, Ed, and Margaret; Sid was power of attorney and later executor; CDs worth >$500,000 were retitled jointly to Victoria and Sid after POA; Ed and Margaret pursued citation to recover assets; circuit court found strong presumption of undue influence and that Sid failed to rebut by clear and convincing evidence; Sid appealed after orders, including denial of motion to reopen proofs; issue narrowed to CDs as assets of the estate and finality for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court properly applied the presumption of undue influence. | Sid argues burden shifted to Ed and Margaret to prove lack of undue influence. | Ed and Margaret contend Sid bears the burden to rebut with clear and convincing evidence. | Yes; presumption properly applied and Sid failed to rebut. |
| Whether Ed and Margaret's rebuttal evidence waived the presumption of undue influence. | Sid contends rebuttal evidence concedes Sid overcame the presumption. | Rebuttal evidence does not waive the presumption; court weighs evidence. | No; rebuttal did not waive the presumption; court still could rely on prior showing. |
| Whether the order determining CDs are assets of the estate is a final, appealable order. | Sid asserts not final due to ongoing probate. | Order disposes of rights regarding CDs; qualifies under Rule 304(b)(1). | Yes; order was final for purposes of appeal. |
| Whether the motion to reopen proofs was properly handled on appeal. | Sid argues trial court erred in denying the motion to reopen. | Motion was not properly before the court on appeal since final settlement not entered. | Dismissed; issue not properly within appellate review at that time. |
Key Cases Cited
- In re Estate of Yucis, 382 Ill. App. 3d 1062 (2008) (finality and Rule 304(b)(1) applicability in estate appeals)
- Stephen v. Huckaba, 361 Ill. App. 3d 1047 (2005) (finality and appeal timing in estate proceedings)
- Klaskin v. Klepak, 126 Ill.2d 376 (1989) (standard of review for manifest weight but deference to trial court on factual findings)
- Franciscan Sisters Health Care Corp. v. Dean, 95 Ill.2d 452 (1983) (presumption of undue influence; strength varies with facts; burden to rebut with clear and convincing evidence)
- Estate of DeJarnette, 286 Ill. App. 3d 1082 (1997) (evidence sufficiency and burden of rebutting fiduciary presumption)