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IN RE MARRIAGE OF EPSTEEN

Nos. 1-01-2695, 1-02-0925.

791 N.E.2d 175 (2003)

339 Ill. App.3d 586

274 Ill.Dec. 379

In re the MARRIAGE OF Marilyn D. EPSTEEN, Plaintiff (Mary B. Epsteen, as Executrix of the Estate of Peter Epsteen, Defendant). Marilyn D. Epsteen, n/k/a Marilyn D. Zalud, Guardian of the Estate of Jill Ann Epsteen, a Disabled Person, Plaintiff-Appellant/Cross-Appellee, v. Mary B. Epsteen, as Executrix of the Estate of Peter Epsteen, National Life Insurance Company a/k/a National Life of Vermont, Lori Ann Epsteen, Cynthia Marie Epsteen, Debra Nan Epsteen, and James Alvin Epsteen, Defendants-Appellees/Cross-Appellants.

Appellate Court of Illinois, First District, Third Division.

May 28, 2003.

Attorney(s) appearing for the Case

Marilyn Zalud, Stephen M. Komie and Elizabeth Butler, Komie and Associates, Chicago, for Appellant.

Mary Epsteen, Paul L. Feinstein, Chicago, for Appellee/Cross-Appellant.

Justice WOLFSON delivered the opinion of the court:

The plaintiff, as guardian of her disabled adult daughter, is seeking financial support from her ex-husband's estate. Two judges in the trial court dismissed four counts of her complaint. Three were dismissed because they were not timely filed pursuant to the nonclaim statute of the Probate Act, and one was dismissed because another case was pending in California for the same cause. The plaintiff appeals the trial...

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