Friday, April 26, 2013
Statute of limitations for tortious interference with inheritance rights is the period applicable to claims to recover personal property. The Illinois Supreme Court had held in Bjork v. O’Meara, that plaintiff’s action for tortious interference with an expectancy was governed not by the six-month statute applicable to will contests but rather the longer period applicable to claims to recover personal property. The plaintiff was improperly denied discovery by the trial court and the action has nothing to do with the decedent’s will but rather with the alleged interference with a lifetime gift.
See Bjork v. O’Meara, No. 114044, 2013 WL 285679 (Ill. 2013).
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.