In re Estate of Zagaria

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 122879
Decision Date: 
September 30, 2013
1st Dist.
Cook Co.,1st Div.
Probate court declared a man "presumed dead", after family and friends had no contact from him for seven years, and appointed his sister independent administrator of his estate. During estate administration, attorneys found man to be alive. Court did not err in entering turnover order for man to return a portion of assets, which had been revested to him, to estate for purpose of paying attorney fees.Independent administrator had a right to hire attorney to handle estate's legal affairs. Equity demands that man not escape burden of cost of services performed as statutorily provided on his behalf and to his benefit, including attorneys' protection of nonprobate assets during time he was missing.(ROCHFORD, concurring; CUNNINGHAM, dissenting.)