Black v. Black

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2019 IL App (1st) 181452
Decision Date: 
Friday, June 28, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
PIERCE

A foreign money judgment of more than $4.3 million was entered by Denver, Colorado Probate Court, finding that conservator for estate of his sister converted estate assets for his own benefit. Judgment was then filed in Cook County Circuit Court. No error in court's judgment refusing to vacate filing of the Colorado judgment because Defendant did not show that sister's filing, styled as a motion for civil theft damages rather than a complaint, failed to invoke probate court's subject-matter jurisdiction.Defendant failed to show that probate court lacked subject-matter jurisdiction to adjudicate a civil theft claim arising out of Defendant's breach of fiduciary duties. Any defect in notice of surcharge hearing, which probate court raised sua sponte, was not jurisdictional, as Defendant had actual notice more than 14 days in advance of hearing.(GRIFFIN and WALKER, concurring.)