Chicago Business Litigation Lawyer Blog
To protect beneficiaries in Illinois estates from breaches of fiduciary duty by the administrator, several measures can be taken based on the duties and responsibilities outlined in the relevant laws and cases.
Firstly, it’s important to establish that the relationship between an executor or administrator and a beneficiary is that of a trustee and cestui que trust, and is fiduciary in nature (In re Estate of Lis, 365 Ill.App.3d 1 (2006). This fiduciary duty requires the administrator to act with the highest degree of fidelity and utmost good faith in handling estate assets (Matter of Estate of Pirie, 141 Ill.App.3d 750 (1986), (In re Estate of Neisewander, 130 Ill.App.3d 1031 (1985, (Will v. Northwestern University, 378 Ill.App.3d 280 (2007). However, this fiduciary relationship does not extend to all affairs and transactions between administrators and beneficiaries (In re Estate of Lis, 365 Ill.App.3d 1 (2006)), (Will v. Northwestern University, 378 Ill.App.3d 280 (2007), (Epstein v. Davis, 2017 IL App (1st) 170605 (2017).
One of the main duties of an administrator is to collect the estate, convert it into cash, and distribute it to those entitled thereto (In re Estate of Wallen, 262 Ill.App.3d 61 (1994), (In re Estate of Zagaria, 2013 IL App (1st) 122879 (2013), (In re Estate of Cappetta, 315 Ill.App.3d 414 (2000). In this process, the administrator is expected to perform their responsibilities with the degree of skill and diligence which an ordinary prudent man bestows on his own similar private affairs (Matter of Estate of Pirie, 141 Ill.App.3d 750 (1986), (Will v. Northwestern University, 378 Ill.App.3d 280 (2007).
An administrator is also obligated to act in the best interests of the estate, which includes carrying out the wishes of the decedent and acting in the best interest of the estate (Estate of Hudson By Caruso v. Tibble, 2018 IL App (1st) 162469 (2018). This means that the administrator should act in good faith to protect the interests of beneficiaries (Will v. Northwestern University, 378 Ill.App.3d 280 (2007), (Szymakowski v. Szymakowski, 185 Ill.App.3d 746 (1989).
Additionally, the administrator has legal duties to the court, as the court has the responsibility to oversee the administration of the estate and to approve the actions of an estate’s administrator (Will v. Northwestern University, 378 Ill.App.3d 280 (2007), (In re Estate of Zagaria, 2013 IL App (1st) 122879 (2013). The conduct of the administrator is subject to review by the court (Will v. Northwestern University, 378 Ill.App.3d 280 (2007).
The law also provides remedies in cases of breach of fiduciary duty. Beneficiaries can bring an action against a fiduciary who has breached their duty (Matter of Estate of Pirie, 141 Ill.App.3d 750 (1986), (Grimes v. Saikley, 388 Ill.App.3d 802 (2009). For example, a petition can be filed against the attorneys of the estate based on their breach of fiduciary duty (In re Estate of Lis, 365 Ill.App.3d 1 (2006), (In re Karavidas, 2013 IL 115767 (2013].
Lastly, the administrator can also be surcharged for improper expenditures against an estate representative when the representative breaches his or her fiduciary duty to a ward (Matter of Estate of Dyniewicz, 271 Ill.App.3d 616 (1995).
In summary, the protection of beneficiaries in Illinois estates from breaches of fiduciary duty by the administrator is achieved through the fiduciary duty of the administrator, oversight by the court, and remedies provided by the law in cases of breach.
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