In Re Estate of Gebis

710 N.E.2d 385, 186 Ill. 2d 188, 237 Ill. Dec. 755
CourtIllinois Supreme Court
DecidedMarch 18, 1999
Docket85909
StatusPublished
Cited by67 cases

This text of 710 N.E.2d 385 (In Re Estate of Gebis) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Gebis, 710 N.E.2d 385, 186 Ill. 2d 188, 237 Ill. Dec. 755 (Ill. 1999).

Opinion

710 N.E.2d 385 (1999)
186 Ill.2d 188
237 Ill.Dec. 755

In re ESTATE OF Sofia GEBIS, a Disabled Person (Joseph Gebis, Appellant,
v.
Evelyn Swietek, Appellee).

No. 85909.

Supreme Court of Illinois.

March 18, 1999.

*386 David L. Cwik, Kerry R. Peck, Peck, Bloom, Miller & Mitchell, Chicago, for Gebis.

Michael W. Rathsack, Jim Ryan, Attorney General, Civil Appeals Div., Chicago, for Evelyn Swietek and People.

Justice RATHJE delivered the opinion of the court:

The sole issue presented in this appeal is whether the statutory custodial claim established in section 18-1.1 of the Probate Act of 1975 (755 ILCS 5/18-1.1 (West 1996)) is constitutional. The trial court held that it was not, concluding that section 18-1.1 violated substantive due process, equal protection, and special legislation principles. Appeal from the trial court's judgment lies directly with this court. 134 Ill.2d R. 302(a). Because the trial court lacked the subject matter jurisdiction to adjudicate a statutory custodial claim, we vacate its judgment.

BACKGROUND

Joseph Gebis and Evelyn Swietek are the son and daughter of Sofia Gebis. In 1994, Joseph and Evelyn filed a petition with the trial court to have Sofia declared a disabled person. The trial court granted the petition and appointed Joseph and Evelyn as coguardians of Sofia's estate.

Sofia died on February 8, 1997. On July 14, 1997, and pursuant to section 18-1.1 of the Probate Act, Joseph filed a verified claim against the guardianship estate seeking $361,320 in compensation for caring for Sofia during the final years of her life. Joseph alleged that, for 11 years prior to Sofia's death, he lived with Sofia and devoted himself to her care. As a result of personally caring for Sofia, Joseph limited his lifestyle choices and opportunities, limited his chiropractic practice and professional engagements, and suffered emotional distress.

Evelyn, individually and as coguardian of Sofia's estate, moved to dismiss Joseph's claim on numerous grounds. Evelyn first attacked the factual basis for Joseph's claim, *387 arguing that, as coguardians of Sofia's estate and person, she and Joseph hired and paid for full-time professional care for Sofia throughout the course of her disability. Evelyn next attacked section 18-1.1's constitutionality, arguing that section 18-1.1 violated both substantive and procedural due process principles (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2); the equal protection clause (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2); the prohibition against special legislation (Ill. Const.1970, art. IV, § 13); and the separation of powers doctrine (Ill. Const.1970, art. II, § 1).

In a written opinion, the trial court granted Evelyn's motion to dismiss, holding that section 18-1.1 violates substantive due process principles, violates the equal protection clause, and constitutes special legislation. This timely appeal followed.

ANALYSIS

Although neither party raises the issue, we have an obligation to consider, sua sponte, whether the trial court possessed subject matter jurisdiction to adjudicate Joseph's statutory custodial claim. See People v. Bounds, 182 Ill.2d 1, 3, 230 Ill.Dec. 591, 694 N.E.2d 560 (1998); Eastern v. Canty, 75 Ill.2d 566, 570, 27 Ill.Dec. 752, 389 N.E.2d 1160 (1979).

Subject matter jurisdiction refers to a court's power both to adjudicate the general question involved and to grant the particular relief requested. In re M.M., 156 Ill.2d 53, 64, 189 Ill.Dec. 1, 619 N.E.2d 702 (1993). Under the Illinois Constitution of 1970, the circuit court enjoys, with limited exceptions, "original jurisdiction of all justiciable matters." Ill. Const.1970, art. VI, § 9. Although the legislature may not limit the circuit court's original jurisdiction to hear a justiciable matter, it may create a justiciable matter by creating rights or duties that have no counterpart in common law or equity. See M.M., 156 Ill.2d at 65, 189 Ill.Dec. 1, 619 N.E.2d 702; Board of Education of Warren Township High School District 121 v. Warren Township High School Federation of Teachers, Local 504, 128 Ill.2d 155, 165-66, 131 Ill.Dec. 149, 538 N.E.2d 524 (1989). In such instances, while the circuit court's original jurisdiction to adjudicate the matter derives from the constitution, the justiciable matter itself is defined by the legislature. M.M., 156 Ill.2d at 65, 189 Ill.Dec. 1, 619 N.E.2d 702. The legislature may define the "justiciable matter" in such a way as to limit or preclude the circuit court's authority. M.M., 156 Ill.2d at 65, 189 Ill.Dec. 1, 619 N.E.2d 702. When the circuit court's power to act is controlled by statute, the circuit court is governed by the rules of limited jurisdiction and must proceed within the statute's strictures. M.M., 156 Ill.2d at 66, 189 Ill.Dec. 1, 619 N.E.2d 702. Any action taken by the circuit court that exceeds its jurisdiction is void and may be attacked at any time. In re Estate of Steinfeld, 158 Ill.2d 1, 12, 196 Ill.Dec. 636, 630 N.E.2d 801 (1994).

With these principles in mind, we must decide whether, following Sofia's death, the trial court presiding over Sofia's guardianship proceeding had the jurisdiction to adjudicate a statutory custodial claim filed against Sofia's guardianship estate. We hold that it did not.

The general rule is that, upon the ward's death, both the guardianship and the trial court's jurisdiction to supervise the ward's estate necessarily terminate. See In re Estate of Wellman, 174 Ill.2d 335, 350, 220 Ill.Dec. 360, 673 N.E.2d 272 (1996); In re Estate of Nelson, 250 Ill.App.3d 282, 287, 190 Ill.Dec. 212, 621 N.E.2d 81 (1993). The Probate Act accords with this general rule, providing that, with the sole exception of the powers and duties set forth in section 24-19 of the Probate Act, "[t]he office of the representative of a ward terminates * * * when the ward dies." See 755 ILCS 5/24-12 (West 1996). Section 24-19, which governs the administration of a deceased ward's estate, provides that, "until the issuance of letters testamentary or of administration[,] * * * a representative of the estate of a deceased ward has the powers and duties of an administrator to collect." 755 ILCS 5/24-19(a) (West 1996).

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Bluebook (online)
710 N.E.2d 385, 186 Ill. 2d 188, 237 Ill. Dec. 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-gebis-ill-1999.