Friday, July 20, 2012

Executor terminated/removed in Feldkamp probates

In McHenry County Circuit Court this morning, Judge Michael J. Chmiel heard a Motion to terminate Scott Feldkamp from his position as independent executor of the estates of his late parents, John (Jack) and Audrey Feldkamp.

Mr. and Mrs. Feldkamp died on June 7, 2011, in their home on Somerset Drive in McHenry County, southeast of Marengo. Mrs. Feldkamp survived Mr. Feldkamp by about 2 1/2 hours and, because of a 30-day survivorship clause in his Will, his estate did not pass to Mrs. Feldkamp. Thus, two estates are open.

Judge Chmiel heard and considered the issues presented as part of the request for termination of Scott Feldkamp as Executor, and he expressed great concern about the handling of the estates. Scott Feldkmap did not appear in court, nor did any attorney appear on his behalf. There is no attorney-of-record on either estate.

The family home on Somerset Drive has been occupied for the past month or so by a tenant, although the rental terms do not seem to be clear. The rental arrangements may have been handled by an attorney involved in the foreclosure proceeding on that property. According to Circuit Court records, Attorney R. Duane Slayton of Hampshire is the attorney for Scott Feldkamp, as Executor, in the foreclosure matter, but he has never filed an Appearance in the probate matter.

Slayton was informed today that Scott is no longer the Executor and that he is not to provide any further services on behalf of the owner (now the Estate of Audrey Feldkamp) of the residence that was the family home on Somerset Drive.

Woodstock Attorney Mark Gummerson told Judge Sullivan on August 30, 2011, that he represented Jackie Feldman, who is the daughter of Jack and Audrey Feldkamp (and Scott's sister), but he never filed an Appearance, in spite of telling the judge that he had or, if he hadn't, he would. He hadn't and he didn't. Now he represents one of the banks in the foreclosure action on the home.

The successor executor has now assumed all duties and responsibilities for the estates of Jack and Audrey Feldkamp, and Scott Feldkamp has no further legal involvement, other than as heir. The successor executor will be collecting all assets of the estates, protecting them, itemizing them and accounting for their whereabouts and values. Assets of the estates and their values as last June 2011 will be determined, and the assets that can be located and valued will be determined. Judge Chmiel ordered that Scott Feldkamp turn over all assets and records to the successor executor. The estate administration will now be supervised by the Court, whereas Scott had been allowed an unsupervised administration.

It is expected that the Court will now keep a close eye on the administration of the Estates.

The property at the corner of U.S. 20 and Harmony Road, on which Harmony Real Estate is located, is also in foreclosure, and IDOT has expressed an interest in acquiring that property in an eminent domain action for a highway intersection roundabout. IDOT must now deal with the successor executor only.

The next court date for the estates is Monday, September 17, at 9:30AM in Courtroom 202.

6 comments:

Kat's Kradle said...

I am just curious, why is this case on your radar? Truly, just curious.

Gus said...

1. Try to find someone outside the Sheriff's Department who thinks the homicides on June 7, 2011, happened as described by Sheriff Nygren less than 24 hours later.

In fact, I'll bet there are deputies who believe it didn't happen that way.

2. As a former life insurance agent who worked closely with top lawyers, CPAs and trust officers in Denver on estate-planning issues, I have an understanding of how probates are to be conducted.

Judge Chmiel said that Scott Feldkamp shirked his duties and responsibilities as executor of the two estates. The original lawyers (Schmitt & Filler, of Marengo) for the executor quit on August 30, citing problems in communication and cooperation with their client, the executor - Scott Feldkamp.

Gus said...

Jeep Girl said:

"To Kats Kradle
"This triple homicide is on a lot of people's radar. The only account of what happened was told by the lone survivor, Scott Feldkamp. Interesting that he was unemployed, not looking for work and living off his elderly well-to-do parents. Then he mishandled the estate probate matters and took off for parts unknown. Kudos to Judge Chmiel for putting a stop to the looting of the estate yesterday and appointing a successor. Following the murders, there was zero investigation by the Sheriffs department - no evidence gathering, no forensic lab work, no crime scene recreation, no suspicion, no polygraph, nothing. The case should have been done by the book but the Sheriffs department was "too busy" and closed the case the next day. Am I suspicious about who the true killer is?? You damn right I am. I'm so grateful that Gus keeps this case in front of his readers. It is a gross injustice to three lovely people who are no longer with us and to their families and friends."

Kat's Kradle said...

What about the family of the alleged intruder? Are they pushing for answers? It sound like it's a real mess from beginning to end. I didn't realize the case was closed one day later. Strange.

sillything1 said...

What I find strange is that no one is looking into Jackie Feldkamp, who is a convicted felon. Don't you think that her brother was named sole executor for a reason? And the well-to-do you speak of is speculation. What was the family business? Think of the decline in the reality business as of late...is it not possible that Scott had come to help his parents? Your facts seem very one sided.

Gus said...

sillything1, thanks for writing. There was only one reason that Scott Feldkamp was appointed (sole) executor. That's what the Wills dictated.

Scott Feldkamp came back to Illinois from Florida "to help his parents"? He had lost his own home in foreclosure, owed the bank for that and at least one credit card company $6,000, had a $20/month payment plan to that bank (still think he had money?), and was unemployed.

Just wait until the accounting of the Estates is revealed for the period 6/7/2011-7/20/2012.