In re Estate of Mosquera

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120130
Decision Date: 
May 10, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
PALMER
Holding: 
Affirmed in part and reversed in part; remanded.
Decedent, who had two children from first marriage, died intestate. For purposes of deciding whether now-adult child is a "dependent" within meaning of Probate Act, only relevant determination is whether child is unable to maintain himself and is likely to become a public charge. Whether child was financially dependent on decedent at time of decedent's death is irrelevant. Respondent's verification, attached to Respondent's Section 2-619 motion to dismiss Plaintiff's claim, was equivalent of affidavit for purposes of Supreme Court Rule 191, and was acceptable substitute for Rule 191 affidavit. (McBRIDE and TAYLOR, concurring.)