As you will recall, during oral argument (the transcript is posted on this blog), Attorneys Kimberly Timmerwilke McKenzie and Sharon Rudy argued that Atty JF Heckinger represented John Wyman (despite the fact that Atty Heckinger never called or mailed John Wyman any written notice of hearing on the petitioner stating the time, date and place of hearing to declare Winifred Carol “Carol”) Wyman incompetent, as required by the Illinois Probate Act, and for which the case In re Soldini (also on this blog) makes this a jurisdictional requirement.) Further the Illinois Act requires that the Petitioner mail the appropriate notice to all parties listed in Exhibit A, and Exhibit A was defective on its face because it did not list all the adult siblings and sisters of Carol. The Illinois Probate Act does not say call some atty you think might be representing someone and talk about it. There are specific and solid groundrules for all of the notice requirements.
I previously submitted a report to the court following my conversation with Attorney Leinen confirming he never filed an appearance, he never represented ANY party at all in the Probate proceeding or appeared in that matter, and he further never received any notices from SRR regarding the hearing on Powell Wyman’s Petition for Guardianship of his wife, Carol.
Below is his affidavit and an updated Report to the Court.
We still do not have an Order from Judge Fabiano.
There is still sufficient time for each of SRR, KTM and Judge Fabiano to do the right thing, and in the face of overwhelming evidence that there was no jurisdiction for this probate proceeding for 3 years–dismiss this lawsuit, let Carol return home and order that Powell fiile an accounting for all assets.
Let’s hope and pray everyone does the right thing. Carol wants to go back to her own home and John says he will go with her to protect her and to fix up her home so she can be where she wants and see her grandchildren on a regular basis. There are babies in this family that she loves to hold and cuddle and let’s hope for that to happen.