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SB1895 Engrossed |
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LRB094 11232 LCB 41959 b |
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| AN ACT concerning estates.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Probate Act of 1975 is amended by changing |
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| Section 2-6 as follows:
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| (755 ILCS 5/2-6) (from Ch. 110 1/2, par. 2-6)
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| Sec. 2-6. Person causing death. A person who intentionally |
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| and
unjustifiably causes the death of another shall not receive |
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| any property,
benefit, or other interest by reason of the |
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| death, whether as heir,
legatee, beneficiary, joint tenant, |
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| survivor, appointee or in any other
capacity and whether the |
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| property, benefit, or other interest passes
pursuant to any |
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| form of title registration, testamentary or nontestamentary
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| instrument, intestacy, renunciation, tenancy or any other |
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| circumstance. The
property, benefit, or other interest shall |
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| pass as if the person causing
the death died before the |
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| decedent, provided that with respect to joint
tenancy property |
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| the interest possessed prior to the death by the person
causing |
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| the death shall not be diminished by the application of this
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| Section. A determination under this Section may be made by any |
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| court of
competent jurisdiction separate and apart from any |
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| criminal proceeding
arising from the death, provided that no |
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| such civil proceeding shall
proceed to trial nor shall the |
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| person be required to submit to discovery in
such civil |
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| proceeding until such time as any criminal proceeding
has been |
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| finally determined by the trial court or, in the event no |
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| criminal
charge has been brought, prior to one year after the |
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| date of death.
A person convicted of first degree murder or |
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| second degree murder
of the decedent is conclusively presumed |
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| to have caused the death
intentionally and unjustifiably for |
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| purposes of this Section. A person acquitted by reason of |
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| insanity but who has been found by the court to have in fact |