Craig v. Zink

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2016 IL App (4th) 150939
Decision Date: 
Tuesday, September 27, 2016
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded.
Justice: 
KNECHT

Probate Act does not provide pleading requirements for affirmative defense to claim or counterclaim against a claimant. Pleadings filed as part of probate proceeding, including reply to claim raising affirmative defense or counterclaim, should be evaluated under more relaxed standards than pleadings in a formal suit at law. Where a claim filed against estate is fact-deficient but legally sufficient, an estate must be given latitude in replying to that claim. (HOLDER WHITE and STEIGMANN, concurring.)