In re Estate of Cerami

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2018 IL App (1st) 172073
Decision Date: 
Friday, September 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
McBRIDE

Court denied executor's Section 2-619 motion to dismiss renunciation of will (filed by his step-mother as to his father's estate) without prejudice with leave to refile for lack of a personal signature. Denial of motion is not an order that finally determined the right or status of a party. Thus, appellate court lacks jurisdiction over that denial. Testator's widow was prevented from exercising her right to renounce pursuant to parties' premarital agreement, which was only invalidated based on testator's extensive breaches. Thus, time limitation for filing renunciation of will was equitably tolled during that time. (GORDON and REYES, concurring.)