In re Estate of Jagodowski

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2017 IL App (2d) 160723
Decision Date: 
Monday, August 28, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Certified question answered; reversed and remanded.
Justice: 
SPENCE

Dispute over estate of a person who died intestate. Administrator of estate moved to establish heirship by arguing that a certain person was not decedent's biological daughter. Limitations periods under Parentage Act apply in a probate proceeding. Standing under the Parentage Act will turn on the facts of the case, and depends upon a Section 608(b) finding. Thus, appellate court declined to answer second certified question of whether administrator of estate has standing to maintain a proceeding to adjudicate nonexistence of a parent-child relationship. (HUTCHINSON and BIRKETT, concurring.)