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Politics & Government

Coroner Takes on Unusual Job in Death of Boulder Hill Man

Kendall County Coroner Ken Toftoy maintained property and finances for a Boulder Hill man who died without any nearby next-of-kin.

For about two months, Ken Toftoy drove to Boulder Hill a few times a week to feed a tank full of fish.

He assumed that rather unusual duty because the fish’s former owner was in a rather unusual state of limbo: The retired draftsman/engineer left no nearby next-of-kin when he died of natural causes on Aug. 29, his 72nd birthday. Normally, the county's public administrator would have taken over the estate, but Kendall County is waiting for Gov. Pat Quinn to appoint a replacement for Bob Pilmer, who served as public administrator and public guardian until he was elected judge.

So, that left Toftoy responsible for the Boulder Hill man’s ranch home, a Mercedes-Benz, a variety of investments and rooms full of collectibles.

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The deceased had lived in the neighborhood for more than 15 years, a quiet sort who had a small group of friends with whom he went to dinner and to garage sales.

He also left an ex-wife, an executor of his will who lives in Newark, NJ, and a brother who might – Toftoy isn’t quite sure – live in Budapest. The Boulder Hill man was originally from Hungary.

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“The state of Illinois says she’s the ex-wife, not the wife, so (the estate) goes to the brother,” Toftoy said.

The executor named in the will – who also is an attorney – flew out to assess the situation but bowed out when he realized how complicated dealing with the estate would be, Toftoy said. Each item has to be itemized in a detailed list and sold. The house and the car likely will be sold, too. A burial has to be arranged.

Then, there’s the matter of the brother. Toftoy found the former Boulder Hill resident’s address book and had a translator call phone numbers from Hungary. He also thumbed through old mail and discovered a woman with whom he had corresponded. She relayed the situation to the brother and indicated the brother wanted nothing to do with the estate, Toftoy said.

By state statute, the county coroner is responsible for maintaining the deceased’s body and property until it can be turned over to a next-of-kin, Kendall County State’s Attorney Eric Weis said. In Toftoy’s 18 or so years as coroner, he’s only dealt with two or three other deaths in which he could not identify next-of-kin.

Those people had very few assets. One committed suicide in his car, leaving behind only the car and its contents, Toftoy said. Another was a veteran in a senior home in Newark, so Toftoy donated his belongings to charity, sold the car and held a funeral and small visitation.

But Toftoy estimates the Boulder Hill man’s estate could be worth $500,000 or more.

On Oct. 28, he handed responsibility of the estate over to DeKalb County’s public administrator/guardian, attorney John Corneille of DeKalb. That little-known appointment provides someone to represent the interests of the dead or the incapacitated in situations, like this, where no one else can act on their behalf.

Corneille will be responsible for liquidating the estate and trying to contact the brother or other potential heirs. If no one is located after 5 years, whatever money is left from the estate goes into the county’s general fund, Weis said.

“It’s very rare that it gets that far,” Weis said. “But that’s the process.”

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