Filed February 4, 2009
IN THE APPELLATE COURT OF ILLINOIS
In re ESTATE OF ) Appeal from the Circuit Court
) of the 12th Judicial Circuit,
KATHLEEN SAVIO, Deceased. ) Will County, Illinois
) Carmen Goodman,
) Judge, Presiding.
JUSTICE CARTER delivered the opinion of the court:
The father and four of the siblings of the above decedent filed a petition to reopen her estate,
to remove the prior executor, and to appoint the father and one of the siblings as coexecutors of the
reopened estate. After a hearing on the matter, the trial court granted the petition. The former
executor of the estate and the decedent’s ex-husband, who is also the guardian and father of
decedent’s two minor children, appeal the trial court’s ruling, arguing that the trial court erred in:
(1) reopening the estate, and (2) removing and replacing the former executor. We affirm.
On March 1, 2004, 40-year-old Kathleen Savio was found dead in the bathtub of her home.
An autopsy revealed that she had drowned. The death was classified in the initial autopsy report as