Ezel / Ethics Opinions / JUDICIAL-IL

Could an Illinois judge serve as executor of the judge’s mother’s estate and take an executor fee?

Short answer The Committee allowed executor service for the mother’s estate if it met the former Code’s court and duty limits, but barred compensation to the judge. It permitted payment to the judge’s spouse for legitimate estate work.
Bar
JUDICIAL-IL
Issued
May 7, 1997

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This page answers the general question as of 1997. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A judge served as executor of the judge’s mother’s estate. The work took substantial time but had not hindered judicial duties; the judge’s spouse also helped administer the estate.

The Committee allowed family fiduciary service under former Rule 65D if it did not interfere with judicial work or involve adversary proceedings in the judge’s court or a court under its appellate jurisdiction. Former Rule 66 barred an executor fee to the judge for the services.

The spouse could receive compensation for legitimate assistance with administration. The Committee advised documentary support for the spouse’s work to address possible impropriety allegations.

Currency note

This opinion was issued in 1997 under the 1993 Illinois Code of Judicial Conduct. The Committee’s page says that Code was superseded on January 1, 2023, and does not assess the effect of the 2023 Code. Treat this page as historical context and verify the current Code before relying on its analysis.

Common questions

Q: Could the judge administer the mother’s estate?

A: Yes, subject to the family-fiduciary restrictions in former Rule 65D.

Q: Could the judge take an executor fee?

A: No. The Committee applied former Rule 66’s bar on compensation for permitted extrajudicial services.

Q: Could the spouse be paid for estate work?

A: Yes, for legitimate services aiding administration; the Committee called for adequate documentary support.

Background and rules framework

Former Rule 65D permitted fiduciary service for family estates subject to limits on judicial duties and litigation. The Committee applied former Rule 66 to compensation for the judge and considered Rule 65C(4) in addressing the spouse’s work.

Citations and references

  • Illinois Supreme Court Rules 65C(4), 65D(1), 65D(2), and 66.
  • IJEC Opinions 97-5 and 97-9.

See also

Source

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