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Solo In Chicago

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Thursday, May 03, 2007

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.


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