Judge reopens Savio estate

JOLIET -- Kathleen Savio's estate can be reopened.

So lawyers now can investigate the possibility of filing a wrongful death lawsuit on behalf of her family. But they have some work to do before that happens.

"We'd have to prove whether it is Drew Peterson -- or anyone else -- (who killed her)," explained Martin Glink, of Arlington Heights, one of the Savios' lawyers.

Savio was the third wife of Peterson, a retired Bolingbrook police officer.

After a long, argumentative hearing Thursday morning, Will County Judge Carmen Goodman made the decision about the estate. She also appointed Chrystel Gavlin, a Joliet lawyer, to serve as guardian ad litem to the two boys Savio had with Peterson. They are 14 and 15, and are two of the four people who inherited Savio's estate.

In this particular case, a guardian ad litem is a court-appointed lawyer who will work independently to protect the interests of the two teenage boys in relation to the reopened probate case. The judge also decided that James B. Carroll -- Drew Peterson's uncle -- won't continue as executor of Savio's estate. Henry J. Savio and Anna Doman -- Kathleen Savio's father and sister -- will take over that role.

The move to reopen Savio's estate is related to the disappearance of Stacy Peterson, 23. The mother of two is Peterson's fourth wife, and she last was seen in October. Family, police and friends have been searching for her ever since.

At least one other unusual event happened before Stacy vanished. In March 2004, a neighbor found Savio, 40, dead in the dry bathtub at her Bolingbrook home. At the time, a Will County coroner's jury decided that she drowned accidentally.

Stacy's disappearance raised new questions about Savio. So her body was exhumed in November, and experts conducted two new autopsies. Both ruled Savio's death a homicide.

At the time of Savio's death, she and Peterson were divorced, but the financial affairs related to their marriage hadn't been settled in court. When they were resolved, a $1 million life insurance policy went to the couple's two children and Savio's two adult stepchildren -- Drew Peterson's sons from a previous marriage. A judge then gave all the money from the sale of a business and a home to Drew Peterson despite the fact that he owned those assets with Savio.

In February, some members of Savio's family filed documents in court asking a judge to reopen her estate. They wanted to take control of it and remove Carroll as executor while considering the possibility of a wrongful death lawsuit. Lawyers for both sides argued the issue Thursday morning.

Lawrence Varsek, of Joliet, another lawyer representing the Savio family, and Glink argued that the court should reopen Savio's estate because there were new assets to consider.

If a wrongful death suit is filed and is successful, there would be damages, meaning money, Varsek explained. In short, that cash would be the newly discovered asset.

But Joel Brodsky, one of Peterson's lawyers, disagreed.

"Recovery under the wrongful death act is not a part of the decedent's estate," he told the judge.

In the end, the judge sided with the Savios.

"It is the order of this court ... that the estate will be reopened," Goodman said, adding that Carroll couldn't continue as executor under the circumstances.

After Varsek left the hearing, he made a quick call on his wireless phone.

"We won," he said.

Outside the courtroom, Brodsky talked at length to a small group of reporters.

"I think the important thing is, the children's interests are paramount, not those of Henry Savio or Anna Marie Doman," he said.

Brodsky also referred to issues between the Savio and Peterson families. "You know what the children told me about the Savios?" he asked later. "They want nothing to do with them and hate them."

Some issues related to Savio's estate are unaltered, noted Andrew Abood, another of Peterson's lawyers. "The court hasn't changed the way the assets were previously distributed," he said.

It took Varsek, Glink and John Q. Kelly, the New York lawyer who also is working for the Savios, some time to leave the building Thursday. While in the elevator, all agreed that their investigation into Savio's death would begin soon. Outside, they explained that the Savio family went to court for several reasons.

"They want justice," Varsek said, listing just one.

"And they want to know what happened to Kathleen," Glink said.

The case will return to court for a status hearing at 10 a.m. May 22.

Reporter Stewart Warren can be reached at (815) 729-6068 or swarren@scn1.com