In re Estate of SheltonAnnotate this Case
Successor agent owed no fiduciary duties to principal before occurrence of contingencies stated in power of attorney.
Ruth was named as executor of the estates of her parents, Thomas and Doris, following their deaths in 2012. As executor, Ruth filed two actions on behalf of the estates against her brother, Rodney, involving quitclaim deeds signed by Thomas in 2011 which conveyed farmland to Rodney. At the time of these transactions, Rodney was designated as the successor agent under both Thomas’s and Doris’s powers of attorney. The estates alleged that Rodney breached his fiduciary and statutory duties as an agent by personally benefitting from the real estate transactions. The Grundy County circuit court dismissed both actions. The appellate court affirmed the dismissal of the action involving Thomas’s estate and reversed with respect to Doris’s estate. The Illinois Supreme Court concluded that both actions were properly dismissed. The plain language of Thomas’s power of attorney appointed Rodney as agent only upon the occurrence of a specific contingency. Rodney’s authority to act on behalf of Thomas did not arise until Doris died, became incompetent, or became unwilling to act as an agent. Until that time, Rodney owed no fiduciary duties to Thomas.