McDonald v. McDonald (In re McDonald)

2022 IL 126956

201 N.E.3d 1125

460 Ill.Dec. 652

IN RE ESTATE OF John W. MCDONALD III, Deceased

(Shawn McDonald, Appellant v. Ellizzette McDonald, Appellee).

Docket No. 126956

Supreme Court of Illinois.

Filed April 21, 2022

Rehearing Denied September 26, 2022

Patrick M. Kinnally and Christopher J. Warmbold, of Kinnally Flaherty Krentz Loran Hodge & Masur PC, of Aurora, for appellant.

Steven J. Roeder and Ryan P. Weitendorf, of Roeder Law Offices, LLC, of Chicago, and Robert G. Black, of Law Offices of Robert G. Black, P.C., of Naperville, for appellee.

CHIEF JUSTICE ANNE M. BURKE delivered the judgment of the court, with opinion.

¶ 1 The issue in this appeal is whether Ellizzette McDonald, also known as Ellizzette Duvall Minnicelli (Ellizzette), sufficiently established that she is the surviving spouse of John W. McDonald III (John) and, as such, the sole heir of his estate.

¶ 2 On November 18, 2019, trial was held in Kane County circuit court on Ellizzette's claim of heirship. Ellizzette, pro se , presented the testimony of three witnesses in an effort to establish that, on July 11, 2017, she entered into a legally valid marriage with John, who died intestate on December 11, 2017. At the conclusion of Ellizzette's case, Shawn McDonald (Shawn), as the appointed administrator of John's estate, moved for a directed finding, which the circuit court granted. The court held that Ellizzette failed to present a prima facie case establishing the validity of her marriage to John.

¶ 3 Ellizzette appealed, and the Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings. 2020 IL App (2d) 191113, 2020 WL 7625307. The appellate court held that a new trial was necessary because the circuit court erred when it barred Ellizzette from testifying based on the Dead Man's Act. 735 ILCS 5/8-201 (West 2016).

¶ 4 Shawn filed a petition for leave to appeal in this court, which we granted. For the reasons that follow, we now reverse the appellate court judgment and affirm the circuit court's judgment.

¶ 5 BACKGROUND

¶ 6 On December 15, 2017, Shawn McDonald filed a petition in the circuit court of Kane County, seeking letters of administration for the estate of his deceased brother, John W. McDonald III, who died intestate on December 11, 2017, in Paris, Illinois. Attached to the petition was an affidavit of heirship, in which Shawn averred that John's estate consisted of approximately $225,000 in personal property and that John's only heirs were his parents, John W. McDonald Jr. and Brenda K. McDonald, and his siblings, Heather Ladue (sister), Shawn McDonald (brother), and Brett McDonald (brother). Shawn further averred that on May 30, 2017, he had been appointed plenary guardian over John's person and estate by the circuit court of Kane County and that thereafter, on July 11, 2017, without the prior knowledge or consent of his guardian or the court, John participated in a purported wedding ceremony with a person who identified herself as Ellizzette Duvall Minnicelli. Shawn alleged that this marriage was without legal effect and void ab initio because John, as a ward, lacked the legal capacity to consent to the marriage without a judicial finding that the marriage was in John's best interest. On December 19, 2017, the circuit court entered orders appointing Shawn administrator and declaring John's heirs to be John Jr., Brenda, Heather, Shawn, and Brett.

¶ 7 On December 22, 2017, Shawn filed a petition for declaration of invalidity of marriage pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act), which provides:

"The court shall enter its judgment declaring the invalidity of a marriage (formerly known as annulment) entered into under the following circumstances:

(1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage[.]" 750 ILCS 5/301(1) (West 2016).

¶ 8 In support of his petition, Shawn attached an affidavit in which he averred that on May 30, 2017, he had been appointed by the circuit court of Kane County to serve as plenary guardian of John's person and estate. Shawn further averred that during a contested guardianship hearing on November 16, 2017, he learned for the first time that John had participated in a purported marriage ceremony on July 11, 2017, and that John entered into this marriage without the prior knowledge or consent of his guardian (Shawn) or the court.

¶ 9 Attached to Shawn's affidavit were various documents considered by the guardianship court, including a physician's report from Dr. Ramon A. Gonzales. Dr. Gonzales reported that John had been diagnosed with "bipolar disorder with manic and depressive episodes" and that John suffered from "alcohol use disorder (severe)." According to Dr. Gonzales, John's bipolar disorder, which "by its own nature impair[ed] his ability to make reasonable and safe decisions," coupled with John's refusal to comply with prescribed treatment, meant that John was "at a high risk of being hurt by others due to his behavior, or to hurt himself, besides not being able to manage his financial affairs at this time."

¶ 10 Shawn also provided a report from Fred J. Beer, who served as John's guardian ad litem (GAL) in the 2017 guardianship proceedings, which the guardianship court also considered. Beer reported that, based on his conversations with John and several members of John's family, John had been a neurologist but he had not practiced for the last four years. Beer also reported that John suffered from bipolar disorder, alcoholism, and drug addiction; that John had been in rehabilitation at least three times, each completed unsuccessfully; and that John had twice attempted suicide by taking pills and alcohol. Beer noted that John, when in a manic state, spent money recklessly and irrationally. For example, Beer reported that John had a habit of purchasing expensive jewelry and gifts only to give them away to total strangers. In the three years prior to the guardianship hearings, John had frivolously spent approximately $600,000. John's family members described John as "out of control" and a "king manipulator." Based on his investigation, Beer advised the court that he concurred with the doctor's recommendation that guardianship was in John's best interest.

¶ 11 Based on the above information, the guardianship court found that John was a disabled person in need of guardianship, as defined in the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/1-1 et seq. (West 2016)), and appointed Shawn as John's plenary guardian. The record indicates that, after Shawn's appointment, John filed a motion to vacate the guardianship order. Although the court denied John's motion at a hearing on July 6, 2017, the court appointed independent counsel for John, to assist him in seeking the termination of Shawn's guardianship. In addition, the court ordered John to appear at Alexian Brothers Hospital on Monday, July 10, 2017, for further evaluation. Subsequently, John, through his counsel, filed a petition to terminate Shawn's guardianship. Proceedings on this petition were ongoing until John's death on December 11, 2017.

¶ 12 In addition to the above documents and court orders, Shawn attached, to his petition to declare the marriage invalid, a photocopy of what purported to be a certified marriage certificate for John Wood McDonald III and Ellizzette Duvall Minnicelli, issued on July 17, 2017. It indicated that the marriage took place in Paris, Illinois, on July 11, 2017, with Raymond Carl Bement as the officiant. No witnesses were listed on the certificate.

¶ 13 On January 3, 2018, Shawn filed a petition to recover assets, seeking an order requiring Ellizzette to turn over to the estate John's cremains,¹ as well as various personal items including John's cell phone and laptop computer. It was alleged that, shortly after John's death and without the knowledge of John's family, Ellizzette took possession of John's body and authorized its cremation "in order to prevent any further investigation into the cause of [John's] death."²

¶ 14 In response to Shawn's petition, counsel entered an appearance on behalf of "Ellizzette McDonald" on January 4, 2018, and moved for a substitution of judge as a matter of right. That motion was granted, and on January 17, 2018, Ellizzette filed a motion to vacate the court's orders appointing Shawn administrator of John's estate and declaring heirship. Ellizzette asserted that she was John's surviving spouse and, as such, his sole heir. Ellizzette further asserted that Shawn, having been aware that she was John's surviving spouse, had obtained letters of administration under false pretenses. Ellizzette maintained that the orders granting Shawn letters of administration and declaring heirship were void for want of personal jurisdiction because Shawn failed to comply with the mandatory requirements of sections 9-4 and 9-5(a) of the Probate Act (id. §§ 9-4, 9-5(a)), failed to include a necessary party (her), and wrongfully excluded her as John's heir. In the alternative, Ellizzette also filed a motion to reconsider and modify the orders.

¶ 15 On February 1, 2018, Ellizzette filed a response to Shawn's petition for declaration of invalidity of marriage, denying that John lacked the capacity to marry. Ellizzette offered no evidence to support her claim that the marriage was legally valid. Rather, she asserted that Shawn had engaged in a "years-long extensive, improper and unjustified pattern and practice of attempting to wrongfully seize control of John's assets and otherwise harass John and Ellizzette," as evidenced by Shawn's "unwarranted and unjustified procurement of guardianship over John."

¶ 16 On March 7, 2018, Shawn...