Attorney Schmidt Secures Appellate Victory in Will Challenge Case

Meyer Capel appellate attorney James J. Schmidt recently helped a client petitioner secure an appellate court reversal of the circuit court’s decision to dismiss her petition contesting the validity of her father’s will. Upon her father’s passing, the executor of his estate filed a will that had been executed while he was in a nursing home and did not comport with the gifts he had told her he would leave. The Petitioner first asked that the court require the executor to prove up the will, which the court ruled that he did. She then filed a petition to contest the validity of the will, which the circuit court dismissed with prejudice, finding that the Petitioner had not sufficiently pled her claim and that it had already decided the issues at the prove up hearing. It denied her leave to file an amended petition.

Petitioner then hired Meyer Capel to represent her on appeal and Attorney Schmidt successfully argued that the circuit court erred in dismissing her claim, for several reasons. He argued first that the pleading of a will contest claim need not include specific evidence of the decedent’s mental condition so long as facts are pled and reasonable inferences can be made, and second, he argued that the claim was not barred under res judicata because issues raised in probate admission proceedings can be raised again in a will contest; the two are not duplicative even though the evidence may overlap. Additionally, Attorney Schmidt successfully argued that the circuit court erred in denying leave to file an amended petition. The Illinois Appellate Court expressly agreed with each argument and reversed on all counts, remanding the matter with instructions to the circuit court to allow Petitioner to file an amended petition. For the full case decision (issued pursuant to Illinois Supreme Court Rule 23), see here.

Every case is different and the above example does not indicate or guarantee results in another case. If you have an issue that you think the trial court may have decided incorrectly and seek a second opinion about whether an appeal would be appropriate, call Meyer Capel today to see if our attorneys can advise you as to the specific facts and circumstances involved in your case and whether or not an appeal might be appropriate. This case summary was published with informed consent from the client referenced above.