Thinschmidt v. Cartalino

Wilma Thinschmidt filed a petition in the circuit court of Cook County pursuant to section 8 — 1 of the Illinois Probate Act of 1975 (755 ILCS 5/8 — 1 (West 2002)) to contest the validity of her brother’s will. The executor of the brother’s estate moved to dismiss Thinschmidt’s petition under section 2 — 619(a)(5) of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 619(a)(5) (West 2002)) based on the fact that the petition was untimely. The motion to dismiss was granted because the trial court found it lacked jurisdiction due to the fact that the action was not timely filed. Thinschmidt…