Estate of Doyle v. Streitmatter

594 N.E.2d 774, 229 Ill. App. 3d 995, 171 Ill. Dec. 630
CourtAppellate Court of Illinois
DecidedJune 17, 1992
Docket3-91-0489
StatusPublished
Cited by6 cases

This text of 594 N.E.2d 774 (Estate of Doyle v. Streitmatter) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Doyle v. Streitmatter, 594 N.E.2d 774, 229 Ill. App. 3d 995, 171 Ill. Dec. 630 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

Petitioners Donald A. Doyle and Rosemary Armburst are siblings of the deceased, Roger Gerald Doyle, who died March 18, 1988. Respondents Cheri C. Streitmatter and Michael J. Doyle are adult children of the deceased and co-administrators of his estate. Petitioners appeal from an order entered by the circuit court of Peoria County denying their “Application for Payment of Claim” for funeral expenses.

The record on appeal establishes that at the time of Roger Doyle’s death, Donald arranged for his brother’s funeral because he did not know the whereabouts of Cheri and Michael. On March 19, 1988, Donald and Rosemary acknowledged responsibility for expenses for the services, casket and related charges at the Wilton Mortuary, total-ling $4,862.57.

Respondents learned of their father’s death when they read his obituary in the newspaper. They attended the funeral and were aware of the fact that Donald and Rosemary had contracted for it. Cheri and Michael hired an attorney, opened the estate in probate and duly published notice of the six-month claim period running from the issuance of letters of office on March 24, 1988. Donald and Rosemary knew that the estate had been opened and that the children were co-administrators. Shortly after the estate was opened Donald spoke with counsel for the estate about certain insurance benefits payable upon his brother’s death.

Donald and Rosemary engaged other counsel to assist them in filing a claim against the estate within three days of Roger’s death. The funeral home sent regular billings to them during the claim period. Donald and Rosemary nevertheless failed to make a formal claim before the close of the claim period on September 24,1988.

Meanwhile, Wilton Mortuary forwarded a copy of its contract with Donald and Rosemary to counsel for the estate in July 1988, but did not file a claim in probate until February 23, 1989. On motion of the co-administrators, this claim was dismissed as untimely. Ultimately, Wilton Mortuary sued Donald and Rosemary on the contract, and Donald and Rosemary filed their claim against the estate for funeral charges, interest and related costs on May 17,1989.

At the hearing before the court, counsel for Donald and Rosemary argued that they did not receive written notice of the beginning and ending dates of the six-month statutory claim period from counsel for the estate until December 1988, several months after it had expired. The trial court found that Rosemary had paid no part of the funeral expenses, and that Donald had actual notice of the opening of the estate in ample time to file a claim for funeral expenses. The court accordingly denied the claim, as aforesaid.

In this appeal, the petitioners argue that the trial court erred in finding that Donald Doyle had actual notice of the statutory claim period before it expired, and that Donald’s constitutional right to due process was violated by the estate’s failure to provide him actual notice of the dates of the statutory claim period.

Initially, we do not find petitioners’ argument concerning actual notice well-taken. The trial court did not rule that the beginning and ending dates of the claim period were matters of which Donald Doyle had actual knowledge within the statutory period. Nor did the court rule that Donald Doyle was given written notice of the dates within the applicable period. The court ruled only that Donald Doyle had actual knowledge of relevant facts within ample time to file a timely claim against the estate. This was admitted during Doyle’s testimony.

Doyle admitted that he knew within a week of his brother’s death that Cheri and Michael had been appointed co-administrators of Roger’s estate. In fact, letters of office were issued six days after Roger’s death, and the first of three public notices was published in the “Princeville Telephone” on March 31, 1988. Donald testified that he does not subscribe to the Princeville paper, but it is manifestly clear that Donald had notice of sufficient information to pursue his claim even before the statutory notice was published.

Though it may be true that Donald did not appreciate legal consequences of his contract with the funeral home until after September 1988 when the statutory period expired, this does not alter the fact, as found by the circuit court, that Donald had ample time to ascertain his liability and had knowledge sufficient to file a timely claim against Roger’s estate. Under the circumstances, we do not hesitate to affirm the circuit court’s finding of actual notice.

Next, we address the petitioners’ constitutional issue. The applicable statute in effect at the time of Roger Doyle’s death provides, in relevant part:

“(a) It is the duty of the representative to publish once each week for 3 successive weeks, commencing within 14 days after the issuance of letters of office, a notice informing all persons of the death of the decedent, the date of issuance of the letters, the name and address of the representative and of his attorney of record and that claims may be filed within 6 months from the date of issuance of the letters and that any claim not filed within that period is barred.
* * *
(c) The notice under subsection (a) *** of this Section must be published in a newspaper published in the county where the estate is being administered ***. The representative must file proof of publication with the clerk of the court.” (Ill. Rev. Stat. 1987, ch. 110½, par. 18-3.)

Petitioners do not dispute that the notice published in this case complies with applicable statutory requirements, but contend that such notice is insufficient to pass constitutional muster. Petitioners specifically argue that the fact that they were represented by counsel does not excuse the duty of the estate representatives to give them, as known creditors, personal notice of the running of the statutory claim period.

In support of their position, petitioners rely heavily on Tulsa v. Professional Collection Services, Inc. v. Pope (1988), 485 U.S. 478, 99 L. Ed. 2d 565, 108 S. Ct. 1340, and Rose v. Kaszynski (1988), 178 Ill. App. 3d 266, 533 N.E.2d 73. Tulsa was decided on April 19, 1988, and changed the law of Illinois with respect to the sufficiency of publication notice. Under prior law of this State, notice of the six-month claims limitation period by statutory publication was deemed adequate to satisfy constitutional due process mandates. (Gibbs v. Estate of Dolan (1986), 146 Ill. App. 3d 203, 496 N.E.2d 1126.) Creditors bore the responsibility to formally notify the representative of an estate of their claims by filing in the probate proceeding or suing the representative directly. Their failure to proceed in either manner timely could result in dismissal even if the representative knew of the creditors’ claims. See In re Estate of Worrell (1982), 92 Ill.

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Cite This Page — Counsel Stack

Bluebook (online)
594 N.E.2d 774, 229 Ill. App. 3d 995, 171 Ill. Dec. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-doyle-v-streitmatter-illappct-1992.