{ "id": 2490243, "name": "In re ESTATE OF THADDEUS K. CHRZAN, JR., et al., Minors.-(IRENE CHRZAN, Claimant-Appellant, v. CAROL CHRZAN RUANE, Guardian-Appellee.)", "name_abbreviation": "Chrzan v. Ruane", "decision_date": "1976-08-23", "docket_number": "No. 75-432", "first_page": "270", "last_page": "273", "citations": [ { "type": "official", "cite": "41 Ill. App. 3d 270" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "69 F. Supp. 866", "category": "reporters:federal", "reporter": "F. Supp.", "case_ids": [ 611330 ], "year": 1947, "opinion_index": 0, "case_paths": [ "/f-supp/69/0866-01" ] }, { "cite": "276 N.Y.S. 773", "category": "reporters:state", "reporter": "N.Y.S.", "year": 1934, "opinion_index": 0 }, { "cite": "153 Misc. 753", "category": "reporters:state", "reporter": "Misc.", "case_ids": [ 8838316 ], "year": 1934, "opinion_index": 0, "case_paths": [ "/misc/153/0753-01" ] }, { "cite": "254 N.Y.S.2d 490", "category": "reporters:state", "reporter": "N.Y.S.2d", "year": 1964, "pin_cites": [ { "page": "491" } ], "opinion_index": 0 }, { "cite": "44 Misc. 2d 620", "category": "reporters:state", "reporter": "Misc. 2d", "case_ids": [ 1145430 ], "year": 1964, "opinion_index": 0, "case_paths": [ "/misc2d/44/0620-01" ] }, { "cite": "98 N.Y.S. 2d 797", "category": "reporters:state", "reporter": "N.Y.S.2d", "year": 1950, "opinion_index": 0 }, { "cite": "198 Misc. 388", "category": "reporters:state", "reporter": "Misc.", "year": 1950, "opinion_index": 0 }, { "cite": "263 N.Y.S. 528", "category": "reporters:state", "reporter": "N.Y.S.", "year": 1933, "opinion_index": 0 }, { "cite": "205 Ill. App. 35", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5407879 ], "year": 1917, "opinion_index": 0, "case_paths": [ "/ill-app/205/0035-01" ] }, { "cite": "375 N.Y.S. 2d 243", "category": "reporters:state", "reporter": "N.Y.S.2d", "year": 1975, "pin_cites": [ { "page": "245" } ], "opinion_index": 0 }, { "cite": "84 Misc. 2d 196", "category": "reporters:state", "reporter": "Misc. 2d", "case_ids": [ 1298563 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/misc2d/84/0196-01" ] }, { "cite": "139 N.E.2d 719", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1957, "pin_cites": [ { "page": "720" } ], "opinion_index": 0 }, { "cite": "335 Mass. 251", "category": "reporters:state", "reporter": "Mass.", "case_ids": [ 3843612 ], "year": 1957, "opinion_index": 0, "case_paths": [ "/mass/335/0251-01" ] }, { "cite": "42 A.2d 624", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1945, "pin_cites": [ { "page": "625" } ], "opinion_index": 0 }, { "cite": "352 Pa. 254", "category": "reporters:state", "reporter": "Pa.", "case_ids": [ 464084 ], "year": 1945, "opinion_index": 0, "case_paths": [ "/pa/352/0254-01" ] }, { "cite": "1 Ill. App. 2d 192", "category": "reporters:state", "reporter": "Ill. App. 2d", "case_ids": [ 5114648 ], "year": 1954, "pin_cites": [ { "page": "195" } ], "opinion_index": 0, "case_paths": [ "/ill-app-2d/1/0192-01" ] } ], "analysis": { "cardinality": 476, "char_count": 7605, "ocr_confidence": 0.9, "pagerank": { "raw": 5.12982294956584e-08, "percentile": 0.3224755574552802 }, "sha256": "9189340df336e36872e2cbca820b49dfc6ea581570d7eac7a7877f032882408b", "simhash": "1:cb9483505acef45f", "word_count": 1245 }, "last_updated": "2023-07-14T14:47:10.337116+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re ESTATE OF THADDEUS K. CHRZAN, JR., et al., Minors.\u2014(IRENE CHRZAN, Claimant-Appellant, v. CAROL CHRZAN RUANE, Guardian-Appellee.)" ], "opinions": [ { "text": "Mr. PRESIDING JUSTICE THOMAS J. MORAN\ndelivered the opinion of the court:\nAppellant filed a claim against the estate of the minor children of her deceased son seeking reimbursement for her son\u2019s funeral and burial expenses. Appellee, divorced wife of appellant\u2019s deceased son, and natural mother and appointed guardian of the minor children, filed a petition to dismiss appellant\u2019s claim. The trial court granted the petition.\nThe record in the instant case contains a dearth of facts. Based upon appellant\u2019s claim and defendant\u2019s petition accompanied by affidavit, we are able, however, to glean the following information. Decedent died a resident of Missouri, leaving unvalued personal property in that State. He also left a checking account, of an undetermined value, in Kansas. Decedent\u2019s three minor children, who lived with their mother in Illinois, received proceeds from decedent\u2019s life insurance as well as the proceeds of his checking account from his ancillary estate in Kansas. Appellant went to Missouri where she incurred expenses in arranging for decedent\u2019s funeral and burial.\nIn her claim, appellant alleged that decedent left no will or estate subject to probate, that property left in Kansas was less than the exemption allowed under law, that the minor children received in excess of *35,000 from decedent\u2019s life insurance policy, and that she incurred expenses of *3254.78 incidental to decedent\u2019s funeral and burial, which amount, she asserts, is due from the minors\u2019 estate.\nIn her petition and supporting affidavit, appellee alleged that appellant made no claim against the decedent\u2019s estate; that while in Missouri, she garnered decedent\u2019s personal property consisting of camera equipment, jewelry and furniture; that she also received *500 for burial expenses from decedent\u2019s insurance company and an *80 rebate on an unused portion of his automobile insurance premium; and that there is no law in Illinois holding the estate of a minor liable for the funeral expenses of a deceased parent. Appellee prayed that the claim be dismissed for failure to state cause of action or, in the alternative, that the court hold a hearing to determine the value of that which was already in appellant\u2019s possession\u2014 insurance proceeds and decedent\u2019s personal property.\nThe trial court dismissed appellant\u2019s claim and the appellee maintains that the estate of a minor is under no legal duty to pay the funeral expenses of a deceased parent. The appellant contends, however, that equity requires reimbursement for such expense from the estate.\nAt common law, a child was not hable for the support of a parent. Whatever duty exists, therefore, must be based on either contract or statute. (Shaver v. Brierton, 1 Ill. App. 2d 192, 195 (1954).) Because of this common law rule with regard to support, recovery of funeral expenses has not been allowed in other jurisdictions even where the guardian wished to pay such expenses for the ward\u2019s indigent parent. In re O\u2019Leary\u2019s Estate, 352 Pa. 254, 42 A.2d 624, 625 (1945); In re Morizzo, 335 Mass. 251, 139 N.E.2d 719, 720 (1957).\nRecent legislative activity in Illinois on this subject has manifested a disinclination to allow recovery against the minor\u2019s estate. While section 1 \u2014 12 of the Public Assistance Code of Illinois designated \u201cchildren\u201d as \u201cresponsible relatives\u201d required to pay a needy parent\u2019s funeral and burial expenses (Ill. Rev. Stat. 1963, ch. 23, par. 112), this provision was amended to exclude children from the category of \u201cresponsible relatives.\u201d Ill. Rev. Stat. 1973, ch. 23, par. 10\u20142.\nIn New York, a statute similar to our former section 1 \u2014 12 was amended to strike the word \u201cchild\u201d as a person hable for a decedent\u2019s parents\u2019 funeral expenses. Lately, a New York trial court, noting this amendment, stated in dicta that if the plaintiff were seeking recovery of funeral expenses \u201coff the top\u201d of a wrongful death fund recovered by decedent\u2019s children, this statutory amendment would preclude such recovery against the children\u2019s funds. Estate of Ward, 84 Misc. 2d 196, 375 N.Y.S. 2d 243, 245 (1975).\nThe only case in Illinois relating to this question concerned an incompetent, not a minor. (Simpson v. Roberts, 205 Ill. App. 35 (1917).) In this abstracted case, the court stated:\n\u201c[T]he funeral expenses of the mother of the ward are not primarily a necessity nor a proper charge atainst [sic] the ward. It may well be that upon a proper showing the ward could be charged with that expense but no such showing was made.\u201d\nWe conclude, absent a statute, the estate of a minor is under no legal duty to pay a deceased parent\u2019s funeral expenses.\nTo conclude, however, that under all circumstances a person may not recover funeral expenses of a deceased parent from the minor\u2019s estate would be, in our opinion, an inequitable and unjust result. Section 140 of the Probate Act (Ill. Rev. Stat. 1973, ch. 3, par. 140) provides that the guardian of a ward\u2019s estate, under the direction of the court, \u201cshall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward and persons related by blood or marriage who are dependent upon or entitled to support from him, or for any other purpose which the court deems to be for the best interests of the ward, and the court may approve the making on behalf of the ward of such agreements as the court determines to be for the ward\u2019s best interests.\u201d (Emphasis added.)\nIt is evident from this section that the legislature intended the court to employ its equitable power in dispersing a minor\u2019s funds in order to achieve a just result which is in the minor\u2019s best interest. In reaching such result the court may consider various factors, i.e., (1) whether decedent\u2019s estate is insufficient to pay funeral costs (see In re Neville\u2019s Estate, 147 misc. 171, 263 N.Y.S. 528 (1933); In re Getter, 198 Misc. 388, 98 N.Y.S. 2d 797 (1950)); (2) whether other adult members of decedent\u2019s immediate family can bear the expense (see In re Guardianship of Richards, 44 Misc. 2d 620, 254 N.Y.S.2d 490,491 (1964); In re Kessler\u2019s Estate, 153 Misc. 753, 276 N.Y.S. 773 (1934)); (3) whether the minor\u2019s estate is derived wholly from a life insurance policy of decedent (see In re Neville\u2019s Estate; In re Fitzwater\u2019s Guardianship, 69 F. Supp. 866 (D. D.C. 1947); (4) whether the ward and guardian desire to pay the expenses in question (see In re Fitzwater\u2019s Guardianship; and (5) whether the funeral expenses are reasonable (see In re Neville\u2019s Estate).\nWe conclude, therefore, that although no legal duty exists requiring the estate of a minor to pay a deceased parent\u2019s funeral expenses, such expenses may be recovered from the minor\u2019s estate where a court, exercising its equitable powers, determines that the best interests of the ward will be served by such payment.\nThe trial court dismissed appellant\u2019s claim on the basis that no legal obligation existed on the minors\u2019 part to pay the expenses appellant claims are due her, without considering whether equity may require appellant\u2019s reimbursement.\nWe, therefore, vacate the judgment and remand the cause to allow the court to consider what, if any, equitable circumstances surround appellant\u2019s claim.\nJudgment vacated and cause remanded.\nRECHENMACHER and DIXON, JJ., concur.", "type": "majority", "author": "Mr. PRESIDING JUSTICE THOMAS J. MORAN" } ], "attorneys": [ "James J. Kilgallon, of Chicago, for appellant.", "Roger K. O\u2019Reilly, of Wheaton, for appellee." ], "corrections": "", "head_matter": "In re ESTATE OF THADDEUS K. CHRZAN, JR., et al., Minors.\u2014(IRENE CHRZAN, Claimant-Appellant, v. CAROL CHRZAN RUANE, Guardian-Appellee.)\nSecond District (2nd Division)\nNo. 75-432\nOpinion filed August 23, 1976.\nJames J. Kilgallon, of Chicago, for appellant.\nRoger K. O\u2019Reilly, of Wheaton, for appellee." }, "file_name": "0270-01", "first_page_order": 298, "last_page_order": 301 }