Six-Year Statute of Repose for Attorney Malpractice Not Limited to Actions Under The Probate Act

There is an exception to the six-year statute of repose for attorney malpractice actions when the injury does not occur until the death of the person for whom services were rendered. In Peterson v. Wallach, 191 Ill.2d 559, 738 N.E.2d 935, 250 Ill.Dec. 466 (Jan. 25, 2002), the Illinois Supreme Court has now held that this exception applies to claims involving assets that pass under the Probate Act, as well as assets passing independent of the Probate Act (such as inter vivos transfers that result in estate taxes later). The Court declined to follow a contrary ruling earlier by the Third District in Zelenka v. Krone, 294 Ill.App.3d 248, 689 N.E.2d 1154, 228 Ill.Dec. 733 (3d Dist. 1997).