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09/11/87 In Re Guardianship of Kraig Heinz

September 11, 1987

IN RE GUARDIANSHIP OF KRAIG HEINZ, A MINOR (ESTATE OF KRAIG


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Heinz, a Minor, Appellee, v.

Carol Heinz, Appellant). -- In re GUARDIANSHIP OF KRAIG

HEINZ, a Minor (David Heinz, Petitioner-Appellant, v.

Kraig Heinz, by his Special Guardian ad litem,

Diana Barber, Respondent-Appellee)

513 N.E.2d 577, 160 Ill. App. 3d 233, 112 Ill. Dec. 163 1987.IL.1332

Appeal from the Circuit Court of Marshall County; the Hon. James M. Bumgarner, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. LUND and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

David and Carol Heinz, former guardians of their son's estate, appeal an order of the circuit court of Marshall County which vacated a previous distribution of money from the minor's estate, ordered its repayment, noted a $10,000 defalcation of funds by the former guardians had been cured by refund, and assessed the guardian ad litem's (GAL's) fees against the former guardians. They argue the court lacked authority to vacate the $5,000 distribution, even though it was procured through fraudulent testimony, because more than two years had passed since the order distributing the funds had been filed, the estate should be responsible for the GAL's fees, and the trial Judge erred in not recusing himself from the cause.

We affirm.

In June of 1983, the trial court approved a settlement in a personal injury action brought by Kraig. On the same day as the settlement was approved, Kraig's parents, as guardians of his estate, petitioned for a distribution of $5,000 from the estate to compensate them for expenses in caring for Kraig. At the hearing on this petition, David testified that he and Kraig's mother had expended funds in transporting Kraig to medical treatments in Peoria. An itemized list of the trips and expenses was introduced. On June 23, 1983, the trial court issued an order distributing the $5,000 to Kraig's parents.

On January 30, 1985, the trial court ordered the guardians to file a current account before April 4, 1985. They did not, and on June 10, 1985, the court filed an order removing them as guardians of Kraig's estate. On June 24, 1985, Diana Barber was appointed GAL. On August 21, 1985, current accounts were filed, which revealed that Kraig's parents had borrowed $10,000 from Kraig's estate to ...


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