In re Estate of Luccio

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 121153
Decision Date: 
December 18, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
CONNORS
Holding: 
Certified question answered; remanded.
(Court opinion corrected 1/11/13.) The six-month limitations period for bringing a contest to the validity of a trust that receives a legacy from a will admitted to probate does not apply to a tort action, including an action for intentional interference with inheritance expectancy. If a trust contest is available to a litigant, such that he is aware of his legacy and has opportunity to contest the trust and to obtain complete relief, but chooses not to, instead agreeing to take not action against the trust in exchange for settlement, he cannot later bring separate action for intentional interference with inheritance expectancy. (HARRIS and QUINN, concurring.)