Danya Hooker, email@example.com
Drew Peterson’s attorney, Joel Brodsky, filed an appeal Tuesday against a Will County judge’s decision to reopen the estate of Peterson’s third wife.
The appeal, filed on behalf of James Carroll, Peterson’s uncle and the current executor of Kathleen Savio’s estate, asks the appellate court to reverse an April 17 decision that reopened the estate and removed Carroll as executor.
Earlier this year, five of Savio’s family members petitioned the court to reopen the estate in preparation for a possible wrongful death lawsuit against Peterson.
Brodsky had asked the judge to dismiss the petition on the grounds that the two-year statute of limitations on filing a wrongful death lawsuit had passed.
Lawyers for the Savio family argued the family had no way to file a lawsuit because Peterson’s uncle was in control of the estate. The judge agreed and reopened the estate. The judge also appointed an attorney for Savio and Peterson’s two teenage sons, the beneficiaries of Savio’s estate, to ensure any legal action would not harm them.
Savio was found drowned in a dry bathtub in March 2004. At the time, her death was ruled an accident. But investigators re-examined the death shortly after Peterson’s fourth wife, Stacy, disappeared Oct. 28, 2007.
Savio’s body was exhumed in November 2007 and two pathologists, one at the request of her family and one on behalf of Will County, performed separate autopsies. Each recently ruled the death a homicide.