COVID-19 Notice: Our offices have reopened in accordance with the current guidelines of the Illinois Department of Public Health. We now offer in person appointments but will continue to also provide safe alternatives upon request. We have implemented measures to require our staff, clients, vendors, and others who are not fully vaccinated to continue to observe social distancing and to wear face coverings in our offices. We look forward to seeing everyone in person again!

Strict Pleading Rules Do Not Apply in Probate Cases

On Behalf of | Sep 29, 2016 | Firm News |

The Fourth District Appellate Court in Illinois this week decided that in pleading an affirmative defense or a counterclaim to a claim filed against the estate, the executors or administrators are not required to plead those defenses or counterclaims under the same rules that apply to other civil lawsuits. See, In Estate of Craig v Zink, 2016 IL App (4th) 150939. The Court found that the Illinois legislature intended pleadings that assert claims against an estate and any defenses or counterclaims, were intended to be evaluated under more relaxed standards than pleadings in a formal lawsuit. The Court also noted that this interpretation is consistent with with the purpose of the Probate Act, namely to facilitate the early settlement of an estate. While this may appear to be good news for those seeking a speedy resolution of estate claims, persons or businesses who file claims against an estate should be aware that under this ruling, an administrator or executor can now defend those claims without necessarily having to provide all of the facts or even a detailed explanation of the legal theories that support the Estate’s position prior to the hearing on the claim. http://www.illinoiscourts.gov/Opinions/AppellateCourt/2016/4thDistrict/4150939.pdf

Share This