In re Estate of Gebis

The sole issue presented in this appeal is whether the statutory custodial claim established in section 18 — 1.1 of the Probate Act of 1975 (755 ILCS 5/18 — 1.1 (West 1996)) is constitutional. The trial court held that it was not, concluding that section 18 — 1.1 violated substantive due process, equal protection, and special legislation principles. Appeal from the trial court’s judgment lies directly with this court. 134 Ill. 2d R. 302(a). Because the trial court lacked the subject matter jurisdiction to adjudicate a statutory custodial claim, we vacate its judgment.

BACKGROUND

Joseph Gebis…