Don't let the clerk give you legal advice!
Kind of an interesting holding below...why don't the Circuit Clerk's ever follow the little signs ("We shall not give legal advice")?
Civil - Probate/ Will Contests / Limitations 5th Dist. In re: Estate of Howell, No. 5-06-0224 (April 26, 2007) Washington County (Welch) Reversed and remanded Trial court erred when it dismissed timely filed petition challenging the validity of a will, which the petitioner attempted to file in probate case; but which clerk insisted on filing as chancery matter; for failure to serve the executor within the 6 month time limit of Section 8-1. Although time limit for filing will contest is jurisdictional, there is no specific jurisdiction time limit for service on executor.
0 Comments:
Post a Comment
<< Home