Quitclaim

The Illinois Administrator has filed a complaint alleging misconduct 

On or about October 1, 2006, Respondent’s father Phillip Kardacz (“Phillip”) executed a final will and documents establishing a living trust. The final will was entitled “Last Will of Phillip G. Kardasz” (Phillip’s Will”). Phillips’s Will provided that upon his death, all of his property would be distributed to his living trust. The living trust was titled the “Phillip G. Kardasz Living Trust, dated October 1, 2006.” Phillip subsequently amended the Trust on August 5, 2008 and on August 27, 2011 (collectively, “Phillip’s Trust”). Phillip’s Trust named Phillip’s wife Betty Kay Kardasz (“Kay”) or an individual named Robert Siemers as sole trustee of the Phillip’s Trust upon his death.

On September 12, 2017, Phillip and Kay caused to be recorded a quitclaim deed in trust in which they conveyed and quitclaimed a fifty-percent interest in their home located at 723 W. 67th place in Willowbrook (“the house”) to Phillip’s Trust. Phillip and Kay conveyed the remaining fifty-percent interest in the house in equal one-third shares to Kay’s children Steven Day, Michael Day, and R. Patrick Day. The deed provided Kay with a life estate in the property, which permitted her the use of the property and any rents, revenues, or profits generated by the property for the term of her natural life.

Phillip died on July 5, 2020

Following Phillip’s death, Respondent’s relationship with Kay became acrimonious, and included Respondent alleging in court papers she filed in the Circuit Court of DuPage County that Kay had killed Phillip.

Respondent, who is also a notary, later recorded another quitclaim deed and it is alleged

Respondent’s statement in the deed she recorded on August 3, 2020…that R. Patrick Day, Steven Day, and Michael Day appeared before her to sign the deed as witnesses, was false. Michael Day could not have been present to execute the deed on December 15, 2017 because he died on November 13, 2015, over 21 months prior to the date Respondent falsely certified that Michael Day appeared before her to execute the deed.

(Mike Frisch)