In Re Estate of Matthews

Justice Lavin concurred in the judgment and opinion.

Presiding Justice Gallagher dissented, with opinion.

OPINION

Petitioner Cheryl Herbeck appeals the trial court’s denial of her petition to vacate an order allowing respondent Kenneth Radamacker to recover the real estate expenses he incurred on property bequeathed to him by the decedent, Robert Matthews, from the residue of the decedent’s estate. On appeal, she argues that the trial court erred in denying her petition because decedent failed to specifically provide for the payment of real estate tax expenses from his estate in his last will…