In re Estate of Williams v. Wells Fargo Bank

853 N.E.2d 79, 366 Ill. App. 3d 746, 304 Ill. Dec. 547, 2006 Ill. App. LEXIS 611
CourtAppellate Court of Illinois
DecidedJuly 20, 2006
Docket3-05-0629 Rel
StatusPublished
Cited by20 cases

This text of 853 N.E.2d 79 (In re Estate of Williams v. Wells Fargo Bank) 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
In re Estate of Williams v. Wells Fargo Bank, 853 N.E.2d 79, 366 Ill. App. 3d 746, 304 Ill. Dec. 547, 2006 Ill. App. LEXIS 611 (Ill. Ct. App. 2006).

Opinions

JUSTICE McDADE

delivered the opinion of the court:

This appeal presents a question certified pursuant to Illinois Supreme Court Rule 308(a) (155 Ill. 2d R. 308). The question of law certified by the trial court is whether the language found in section 4 of Charlotte J. Williams’s will is ambiguous regarding reimbursement for and apportionment of expenses of administration and death taxes among recipients of probate and nonprobate assets., Because the will is silent as to the issue of what is to occur when the residuary estate is insufficient to cover the expenses of administration and death taxes, we answer this question in the affirmative. We reject respondent’s claim that the will’s language, “pay from the residue of my estate *** without apportionment or reimbursement,” somehow clarifies any ambiguity concerning Charlotte’s intent as to equitable apportionment. Instead, this language merely shows an intent to prohibit the beneficiary of the residue from seeking apportionment from the beneficiaries of the probate and nonprobate assets.

BACKGROUND

Charlotte J. Williams died testate on September 5, 2003. Her husband, Don E. Williams, predeceased her, passing on October 9, 1997. Before his death, Don created a trust reserving a life estate in favor of Charlotte and granting her the power to appoint the trust corpus. By giving this power to Charlotte, the assets of the trust did not incur federal estate tax at Don’s death, but were included as part of the gross estate for federal tax purposes at the time of Charlotte’s death. The trust assets that were included in the estate amounted to $3,674,711. These assets constitute nonprobate assets. Approximately $1,400,000 of that amount passed to a charitable beneficiary and therefore did not produce death taxes. The remaining $2,203,000 created nearly half of the death taxes incurred by the estate.

Upon her death, Charlotte’s will was admitted to probate. The will made a general bequest of $1,250,000 and a specific bequest of her personal residence to petitioner, Wesley Nutt. These bequests constitute probate assets. After all remaining bequests were discharged, the will gave the residue of her estate to the Don E. and Charlotte Williams Charitable Foundation. The residue totaled $792,316. Section four of the will stated that the executor should pay all debts and expenses from the residue without apportionment or reimbursement.

The total death taxes of the estate amounted to approximately $1,896,265, and it became clear that the residuary estate would be unable to cover all the taxes owed. The executor of the estate drafted a spreadsheet in preparation of the federal estate tax return. This spreadsheet did not show any recovery amount of taxes from the respondent trust. As a result, petitioner, Wesley Nutt, was estimated to be left with only 11% of the bequested amount after accounting for federal taxes. Based upon these facts, petitioner filed a claim for recovery of death taxes and administration expenses against the respondent trust. Petitioner argued that respondent is liable under the doctrine of equitable apportionment for 47.54% of all death taxes and expenses incurred by the estate.

In response to petitioner’s claim, respondent filed a motion to dismiss arguing that Charlotte’s will expressed a clear intent to prohibit the application of equitable apportionment. Upon hearing argument, respondent’s motion was denied. Specifically, the court distinguished the case relied upon by respondent, In re Estate of Fry, 188 Ill. App. 3d 336, 544 N.E.2d 109 (1989), on the grounds that the will in Fry unambiguously stated that the taxes owed were to be paid “ ‘without reimbursement from any person.’ ” Fry, 188 Ill. App. 3d at 338, 544 N.E.2d at 110. The trial court found that because Charlotte’s will only stated “without reimbursement” and lacked the language “from any person,” her intent was ambiguous. We subsequently granted respondent leave to appeal this ruling under Supreme Court Rule 308(a). On appeal, respondent contends that the will is not ambiguous and, instead, specifically demonstrates Charlotte’s intent that the taxes be paid from the residuary estate and not from the non-probate assets received by the respondent.

STANDARD OF REVIEW

The scope of review of an interlocutory appeal brought under Illinois Supreme Court Rule 308 is strictly limited to the certified question. P.J.’s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998, 803 N.E.2d 1020, 1026 (2004). Thus, the task on appeal is to answer the certified question rather than to rule on the propriety of the parties’ claims. P.J. ’s Concrete, 345 Ill. App. 3d at 998, 803 N.E.2d at 1026. Here, the parties dispute the trial court’s interpretation of the testator’s will. Interpretation of a will is a question of law that an appellate court reviews de novo. In re Estate of Overturf, 353 Ill. App. 3d 640, 642, 819 N.E.2d 324, 327 (2004).

ANALYSIS

Illinois does not have an equitable apportionment statute. In re Estate of Fry, 188 Ill. App. 3d 336, 338, 544 N.E.2d 109, Ill (1989). Illinois courts have, however, consistently applied the doctrine of equitable apportionment to intestate and testate estates, thereby permitting the apportionment of federal estate taxes among recipients of probate and nonprobate assets. Fry, 188 Ill. App. 3d at 338, 544 N.E.2d at Ill. Equitable apportionment will not be allowed, however, as to nonprobate assets where the testator has expressed a clear intention to the contrary. Fry, 188 Ill. App. 3d at 338-39, 544 N.E.2d at 111.

In the case before us, the residuary estate is insufficient to cover the death taxes owed upon Charlotte’s death. The question posed to us is whether Charlotte’s will expresses a “clear intention” to prohibit the apportionment of federal estate taxes among recipients of probate and nonprobate assets. Petitioner is claiming that the will lacks this intent and therefore the doctrine of equitable apportionment applies. Respondent in turn claims that section four of Charlotte’s will clearly shows that she intended that the taxes be paid “without apportionment or reimbursement.” Respondent interprets this language to prohibit any application of the doctrine of equitable apportionment.

Section four of Charlotte’s will states:

“I direct the executor to pay from the residue of my estate passing hereunder, without apportionment or reimbursement, all of my debts, all expenses of administration of properly wherever situated passing under this will or otherwise, and all estate, inheritance, transfer, and succession taxes other than any tax on a generation-skipping transfer which is not a liability of my estate (including interest and penalties, if any) which become due by reason of my death.” (Emphasis added.)

In interpreting this section, the trial court examined our holding in Fry.

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Cite This Page — Counsel Stack

Bluebook (online)
853 N.E.2d 79, 366 Ill. App. 3d 746, 304 Ill. Dec. 547, 2006 Ill. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-williams-v-wells-fargo-bank-illappct-2006.