HB2716ham001 100TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 3/6/2017

10000HB2716ham001 LRB100 08470 HEP 23038 a

AMENDMENT TO HOUSE BILL 2716

AMENDMENT NO. ______. Amend House Bill 2716 by replacing everything after the enacting clause with the following:

"Section 5. The Probate Act of 1975 is amended by changing Sections 4a-5 and 4a-10 as follows:

(755 ILCS 5/4a-5)

Sec. 4a-5. Definitions. As used in this Article:

(1) "Caregiver" means a person who voluntarily, or in exchange for compensation, has assumed responsibility for all or a portion of the care of another person who needs assistance with activities of daily living. "Caregiver" includes a caregiver's spouse, cohabitant, child, or employee. "Caregiver" does not include a family member of the person receiving assistance.

(2) "Family member" means a spouse, civil union partner, child, grandchild, sibling, aunt, uncle, niece, nephew, first cousin, or parent of the person receiving assistance.

(3) "Transfer instrument" means the legal document intended to effectuate a transfer effective on or after the transferor's death and includes, without limitation, a will, trust, transfer on death instrument, deed, form designated as payable on death, contract, or other beneficiary designation form.

(4) "Transferee" means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer.

(5) "Transferor" means a testator, settlor, grantor of a deed, or a decedent whose interest is transferred pursuant to a nonprobate transfer.

(Source: P.A. 98-1093, eff. 1-1-15.)

(755 ILCS 5/4a-10)

Sec. 4a-10. Presumption of void transfer.

(a) In any civil action in which a transfer instrument is being challenged, there is a rebuttable presumption, except as provided in Section 4a-15, that the transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000.

(b) Unless a shorter limitations period is required by Section 8-1 or 18-12 of this Act, any action under this Section shall be filed within 2 years of the date of death of the transferor.

(c) If the property in question is an interest in real property, a bona fide purchaser or mortgagee for value and without notice, before the recordation of a lis pendens for an action under this Section, shall take free and clear of the action.

(d) The holder of any property subject to this Article shall not be liable for distributing or releasing the property to the transferee if the distribution or release occurs prior to the holder being made a party to an action challenging the transfer.

(Source: P.A. 98-1093, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon becoming law.".