Kanfer v. Busey Trust Company

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (4th) 121144
Decision Date: 
November 25, 2013
4th Dist
Champaign Co.
Affirmed in part and reversed in part; remanded.
Co-executors of mother's will filed petition for surcharge, alleging mismanagement by bank which had been guardian of mother's estate during final 2 1/2 years of her life. Probate Act and res judicata bar Plaintiffs from recovering for management fees, hourly charges of contractor, and losses from investment. Ward was a party to prior accounting proceedings, and Plaintiffs are in privity with ward as they are her co-executors. Plaintiffs are not barred from recovering for losses for failure to keep decedent's condominiums in repair. (POPE and HOLDER WHITE, concurring.)