Summary
This Illinois Appellate Court opinion affirms the dismissal of a son's breach of fiduciary duty claim against his sister, the estate executor, as time-barred. The court held that the son's claims for an accounting and distribution of estate assets constituted claims against the estate under the Probate Act, which require filing within two years of the decedent's death regardless of whether formal probate was opened.
Topics
Practice areas
Questions Presented
- Whether Smith's breach‑of‑fiduciary‑duty claim is a claim against the estate subject to the two‑year limitations period of 755 ILCS 5/18‑12(b).
- Whether the claim is barred as time‑barred under section 2‑619(a)(5) of the Code of Civil Procedure.
Holdings
- The claim is a claim against the estate under the Probate Act and is therefore barred by the two‑year limitations period of section 18‑12(b); the trial court's dismissal is affirmed.
Key quotations
“Section 18-12(b) of the Act provides as follows: “(b) Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent’s death, whether or not letters of office are issued upon the estate of the decedent.”” (¶ 24)
“The trial court granted the motion and dismissed Smith’s amended complaint, with prejudice. It found that the claim for breach of fiduciary duty was “really relate[d] to the administration of the estate and claims against the estate” and was time‑barred as filed outside the two‑year statute of limitations, pursuant to section 18‑12 of the Act.” (¶ 18)
Factual background
John E. Smith executed a will in 2009 appointing his daughter Margaret Connor as executor. After his death in 2021, Connor collected life‑insurance proceeds and bank accounts held in joint tenancy with right of survivorship, asserting that the assets passed directly to her. Gregory J. Smith, a son, filed a complaint alleging breach of fiduciary duty, seeking to be named successor executor and an accounting of the estate.
Procedural history
The circuit court dismissed Smith's first amended complaint as time‑barred under 735 ILCS 5/2‑619(a)(5) and 755 ILCS 5/18‑12(b). Smith appealed the dismissal.