In re Estate of Andernovics

Plaintiff Peggy Parrish filed suit against the estate of Budris Andernovics, claiming Andernovics breached an oral contract to make a will. The trial court denied Parrish’s claim and ordered her to pay the estate’s attorney fees as a sanction for her failure to comply with a discovery order. Parrish now appeals, arguing that she should have been granted judgment on the pleadings because the estate neither admitted nor denied the allegations of her complaint. For the reasons that follow, we affirm and hold that a probate court may require a claimant to prove her claim when the estate files an…