In re Estates of Markert

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State: Illinois

Court: 4th District Appellate

Docket No: 4-07-1079 Rel

Case Date: 09/30/2008

Preview:Filed 9/30/08

NO. 4-07-1079 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

In re: the Estates of HAROLD A. MARKERT, Deceased, and JUANITA W. MARKERT, Deceased, JAMES R. INGHRAM, the Trustee of the Bankruptcy Estate of Anthony L. Markert, Proposed Intervenor, Petitioner-Appellee, v. ANTHONY L. MARKERT, TODD A. MARKERT, CHAD M. MARKERT, KARA S. MARKERT, and KURT J. MARKERT, Respondents-Appellants.

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Appeal from Circuit Court of Brown County No. 05CH4

Honorable Alesia A. McMillen, Judge Presiding.

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PRESIDING JUSTICE APPLETON delivered the opinion of the court: Defendants, Anthony L. Markert, Todd A. Markert, Chad M. Markert, Kara S. Markert, and Kurt J. Markert, appeal from a summary judgment against themselves and in favor of plaintiff, James R. Inghram, the trustee of Anthony's bankruptcy estate. The trial court held that Anthony's conveyance of property to the other four defendants, his children, violated section 6(a) of the Uniform Fraudulent Transfer Act (Act) (740 ILCS 160/6(a) (West 2004)). Defendants have not shown us a genuine issue of material fact as to any of the elements of section 6(a), and we conclude that plaintiff is entitled to judgment as a matter of law. See 735 ILCS 5/2-1005(a), (c) (West 2004). In our de novo review (Schillerstrom Homes, Inc. v. City of Naperville, 198 Ill. 2d 281, 286, 762 N.E.2d 494, 497 (2001)), we affirm the summary judgment.

I. BACKGROUND Anthony owned an undivided one-fifth interest in farmland in Brown County, Illinois. He had received this ownership interest from his father, Harold A. Markert. Apparently, defendant farmed ground for his father, and his mother, Juanita W. Markert; it is unclear in what capacity he did so. Both Harold and Juanita are deceased, and at the time of the disputed conveyance, their estates were still in probate. The legal description of Anthony's ownership interest in the farmland was as follows: "An undivided 1/5 interest in: The Northeast Quarter of Section Number Eleven (11) in Township One (1) South of the Baseline, Range Four (4) West of the Fourth Principal Meridian, situated in the County of Brown, in the State of Illinois, EXCEPT Two and One-half (2 1/2) acres off the South side of said tract of land, AND ALSO EXCEPT the right-of-way of the Wabash Railroad Company through and across said tract of land, AND ALSO EXCEPT Commencing at the Southeast corner of said Northeast Quarter; thence North on the East line of said Northeast Quarter 101.25 feet to a point on the North right-of-way line of Route #24; thence West on said North Right of Way line 33 feet to the true point of beginning; thence North parallel to the East line of said Quarter Section and along the West line of an existing 33 feet roadway 135 feet to a point; thence West parallel to the South line of said Northeast Quarter 481 feet to a point; -2-

thence South parallel to the East line of said Northeast Quarter 135 feet, more or less, to the North right-of-way line of Route #24; thence East along the North right-of-way line of said Route #24, 481 feet, more or less, to the true point of beginning, together with the right of ingress and egress over said existing 33 feet roadway running along the East line of the above described premises ***." By quitclaim deed on April 13, 2004, Anthony conveyed this one-fifth interest to his children in return for their oral agreement to assume responsibility for the mortgage on this interest. The children paid him no cash consideration. In their brief, defendants do not dispute that the conveyance was for inadequate consideration. On September 20, 2005, in case No. 05-75094 in the Central District of Illinois, Anthony filed a petition for a chapter 7 bankruptcy. 11 U.S.C.

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