In re Estate of Reeder

Illinois Appellate Court
Civil Court
Power of Attorney
Citation
Case Number: 
2023 IL App (3d) 210361
Decision Date: 
Wednesday, January 25, 2023
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
ALBRECHT

Appeal involving a dispute regarding fees paid by an estate to the executor of the estate for executor, attorney, and power of attorney fees. The Illinois Attorney General’s Office, an intervenor to the matter, opposed the requested fees. The trial court granted the AG’s motion for summary judgment, denied the executor’s cross-motion for release, and ordered him to refund a large sum to the estate, including all of the POA fees that had been paid. Executor appealed from the trial court’s order regarding POA fees. The appellate court affirmed, finding that the trial court correctly determined that the executor was required to file a claim against the estate for the POA fees and that his claim was barred because he had failed to file that claim during the statutory claims period. (BRENNAN and DAVENPORT, concurring)