Court denied Petitioners' motion to reopen case and vacate the guardianship and estate plan for a disabled adult, alleging that they did not receive notice of the proceedings. As potential heirs, petitioners are "interested parties" under Probate Act and thus are entitled to notice of proceedings involving petition to create an estate plan, and they have standing to bring forth claims as to lack of notice as to the estate plan proceeding, which would affect their interest. Plenary guardian of the estate served the estate plan petition on the State's Attorney's Office on behalf of unknown heirs and notified the unknown heirs of the pending estate plan proceedings via publication, and continued efforts to locate heirs. Thus, Petitioners received notice of the estate plan and there were no due process violations. Probate Act does not require that notice of initial guardianship orders be given to distant heirs such as Petitioners, who were not the nearest adult kindred known to the person who filed petition for guardianship. (LAVIN and PUCINSKI, concurring.)
Illinois Appellate Court
Civil Court
Guardianship