THE ESTATE OF LAWRENCE BYRD

THE ESTATE OF LAWRENCE BYRD

IN RE THE ESTATE OF LAWRENCE BYRD, a Disabled Person, ALLEN JACKSON, SR., Plenary Guardian of the Estate and Person, Plaintiff-Appellant, v. ELLIOTT MUSE and CAROL JOHNSON, 227 Ill. App. 3d 632; 592 N.E.2d 259; 1992 Ill. App. LEXIS 408; 169 Ill. Dec. 772.

The Circuit Court of Cook County granted appellant cousin’s petition naming him guardian of a disabled person’s estate and denied the disabled person’s putative daughter’s petition to be named guardian of the same estate. The court also granted the petitions for attorney fees of appellees, the putative’s daughter. The cousin challenged the order granting fees to appellees. The disabled person placed on several of his bank accounts the cousin’s wife’s name. The cousin’s wife later removed certain monies from one of the accounts. The disabled person, accompanied by his daughter, retained an attorney to file a petition seeking the return of the monies taken by the cousin’s wife. A judge entered a temporary restraining order preventing the cousin and his wife from using or disposing of the money. When the cousin initiated the instant action, the disabled person and his daughter retained another attorney to oppose the appointment of a guardian, or if guardianship was unavoidable, to have the daughter appointed as guardian. On appeal, the cousin argued that there was no statutory basis for granting fees to appellees and that the services of appellees failed to provide any benefit to the estate. The appellate court affirmed the trial court’s award of fees to appellees, holding (1) that the daughter was a proper representative, (2) that the daughter’s unsuccessful resistance to the cousin’s petition did not bar her recovery of fees, and (3) that the daughter’s actions benefitted the estate to some extent.

The appellate court affirmed the trial court’s judgment, including its order granting fees to the daughter’s attorneys. Mr. Ring represented the guardian/appellant.

HAVE A QUESTION ABOUT A JUDICIAL ISSUE? ASK US NOW!