In re estate of Strong

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2020 IL App (3d) 190158
Decision Date: 
Friday, March 13, 2020
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE

(Court opinion corrected 4/28/20.) Claimant, the former wife of decedent, filed motion to confirm claim (for fees awarded to her in marriage dissolution action) against decedent's estate. Decedent had initiated divorce proceedings in Cook County, and a default judgment was entered against Claimant but decedent died before court ruled on Claimant's motion to vacate default judgment. Decedent's sister, while motion to vacate was pending, filed petition to probate decedent's will in Will County. In her motion to terminate independent administration, Claimant's identification as a "creditor", along with information about her pending petition for fees, was notice of a claim not due against the estate, and this was sufficient to notify the estate of her claim and was made during the claim period.(O'BRIEN and WRIGHT, concurring.)