In re Estate of Wellman

Procedural entryThis page is a short order in In re Estate of Wellman. Read the opinion of the Court — 174 Ill. 2d 335
Illinois Supreme Court·Decided October 18, 1996·No. 80182, 80184, 80246 cons.·Published

Opinion

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filing of the opinion to request a rehearing. Also, opinions are

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to issuance of the mandate by the Clerk of the Court. Therefore,

because the following slip opinion is being made available prior to

the Court's final action in this matter, it cannot be considered

the final decision of the Court. The official copy of the following

opinion will be published by the Supreme Court's Reporter of

Decisions in the Official Reports advance sheets following final

action by the Court.

         Nos. 80182, 80184, 80246 cons.--Agenda 21--May 1996.

     In re ESTATE OF JOHN F. WELLMAN (Samuel H. Young, Appellant;

                     Patrick T. Murphy, Appellee).

                    Opinion filed October 18, 1996.

    JUSTICE FREEMAN delivered the opinion of the court:

    These consolidated appeals arise out of a series of events

during the last years in the life of John Wellman. He executed a

durable power of attorney, in which he appointed his attorney,

Samuel Young, as his agent. Wellman also established joint

tenancies with Young in several accounts. The circuit court of Cook

County: adjudicated Wellman mentally disabled and appointed Patrick

Murphy, the public guardian of Cook County, as Wellman's plenary

guardian; restored Wellman to competency and discharged Murphy; and

granted Murphy leave to appeal as Wellman's plenary guardian.

Wellman died. Lastly, the trial court granted the fee petition of

Wellman's guardian ad litem.

    In an unpublished order (Nos. 1--90--3008, 1--90--3011, 1--91-

-2055, 1--92--1983 cons. (unpublished order under Supreme Court

Rule 23)), the appellate court: held that Murphy had standing to

appeal, severed the joint tenancies, upheld the fee award to

Wellman's guardian ad litem, and held that Wellman's death rendered

moot the parties' remaining issues on appeal. We allowed leave to

appeal (155 Ill. 2d R. 315(a)). We now reverse the appellate

court's severance of the Wellman-Young joint tenancies, and affirm

the appellate court's upholding of the guardian ad litem's fee

award and dismissal of the remaining issues.

                               BACKGROUND

    The record contains the following facts that are pertinent to

our disposition of the issues raised on appeal. John Wellman was

born in 1900. A certified public accountant, he was a self-employed

businessman and stock trader during his lifetime. By early 1990, he

had accumulated assets totalling approximately $850,000, of which

$650,000 were invested in United States Treasury bills, savings and

checking accounts, and stock.

    Samuel Young was admitted to the Illinois bar in 1948. In

1986, Wellman first employed Young concerning the probate of an

estate. Wellman was the executor of the estate; he had been a joint

tenant with the testator in certain accounts. Wellman continued

using Young's services concerning, inter alia, tax preparation,

real estate matters, and the management of Wellman's property.

    In a letter to Young dated March 21, 1988, Wellman stated in

writing what he had previously told Young on "many occasions."

Wellman, having no family, asked for Young's assistance in handling

his financial affairs. Wellman also wanted Young to look after his

affairs if he should become incapacitated. On December 27, 1988,

Wellman executed a durable power of attorney in which he appointed

Young as his agent. See generally 755 ILCS 45/1--1 et seq. (West

1992). Wellman granted Young broad authority to act for him whether

competent or incompetent.

    On December 1, 1989, Wellman and Young exchanged two letters.

The first letter, from Wellman to Young, confirmed: Wellman's

previous request for Young to assist him in managing his property,

Young's agreement to provide such assistance, and, in consideration

thereof, Wellman's promise to place his property in joint tenancy

with Young with right of survivorship. Also, during Wellman's life,

all of the assets and income would be used for Wellman.

    The second letter, from Young to Wellman, acknowledged:

Wellman's decision to make Young his "partner" in managing his

property, Wellman's decision to place his property in joint tenancy

with Young to avoid probate, Young's agreement to look after

Wellman and to see that Wellman had medical and health care,

Young's agreement not to spend or use Wellman's property for any

purpose other than for Wellman's benefit, and Wellman's power to

revoke the joint tenancies at any time and to make gifts to others

at his death.

    On December 7, 1989, Wellman and Young visited the Northern

Trust Bank in Chicago. They spoke to Paul Larson, who had been

Wellman's personal banker since 1984. Wellman and Young instructed

Larson to place Wellman's savings and checking accounts in joint

tenancy. Larson refused. Eventually, Wellman and Young closed the

account, totalling $188,000, but returned when the bank agreed to

the Wellman-Young joint accounts.

    After visiting the Northern Trust Bank, Wellman and Young went

to the Federal Reserve Bank in Chicago. They spoke to Andrew

Vlahos, who had served Wellman since 1985. They discussed Wellman's

United States Treasury Direct Account and joint tenancy with Young.

On January 30, 1990, the account was placed in the name of Wellman

and Young in joint tenancy with right of survivorship.

    In December 1989, Vlahos contacted Assistant Illinois Attorney

General Ann Parisi. Vlahos told Parisi that Young possibly was

exploiting Wellman. On December 21, 1989, Parisi visited Wellman to

investigate whether any laws had been violated and whether Wellman

had been financially exploited in any way.

    On January 7, 1990, the Illinois Attorney General's office

referred the matter to the Cook County public guardian's office to

investigate whether Wellman needed a guardian.

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