In re Estate of Riordan

State: Illinois

Court: 3rd District Appellate

Docket No: 3-03-0805 Rel

Case Date: 07/23/2004

No. 3--03--0805

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT
A.D., 2004

In re ESTATE OF MARY ELIZABETH
RIORDAN, Deceased

(Fr. Patrick M. Riordan,

Claimant-Appellant,

ESTATE OF RIORDAN,

Respondent-Appellee).

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Appeal from the Circuit Court
of the 13th Judicial Circuit
LaSalle County, Illinois,

No. 2001--P--314

Honorable
Eugene P. Daugherity,
Judge Presiding.

JUSTICE SLATER delivered the opinion of the court:

Father Patrick Riordan ("claimant") filed a statutorycustodial claim against his mother's estate pursuant to section18--1.1 of the Probate Act of 1975 ("Act") (755 ILCS 5/18--1.1(West 2002)). The trial court dismissed the claim on the basisthat the claimant had not met the three-year requirement of theAct. The court also partially granted a petition for attorneyfees filed by the objecting heirs. Appeals from those orderswere consolidated in this court on claimant's motion. We affirmthe dismissal of the statutory custodial claim and vacate theaward of attorney fees.

Facts

Claimant, a Catholic priest, is the son of the decedent,Mary Elizabeth Riordan,⁽¹⁾ who died on November 26, 2001, at theage of 99. On June 16, 1999, claimant took a leave of absence sothat he could care for his mother. Prior to that time, claimantwould visit Elizabeth two or more days per week at her home inStreator, Illinois, where he rendered nursing and personal careservices. Claimant also often spent his vacation time at hismother's home. Claimant's sisters, Judy Arbise and DoloresLonergan, also helped care for Elizabeth. However, afterDolores's death in 1998, and with Judy's increasing healthproblems limiting her ability to help, more of the responsibilityfell upon claimant. After he was granted a leave of absence,claimant lived with his mother full-time and remained with heruntil her death.

Following Elizabeth's death, claimant filed a statutorycustodial claim (755 ILCS 5/18--1.1 (West 2002)) against hismother's estate alleging that he suspended his vocation as apriest to care for his mother. As a result, according toclaimant, he lost employment opportunities, experienced asignificant change in lifestyle and endured emotional distress. Two of Elizabeth's heirs, Daniel and James Riordan, filed amotion to dismiss the claim on the basis that claimant had notcared for Elizabeth for the three-year period required by theAct. The trial court granted the dismissal motion on that basis.

Appeal No. 3--03--0805

Standard of review

Construction of a statute is a matter of law which we reviewde novo. See Unzicker v. Kraft Food Ingredients Corp., 203 Ill.2d 64, 783 N.E.2d 1024 (2002).

Analysis

Section 18--1.1 of the Act provides: