Bill Status of SB 481   95th General Assembly

Short Description:  PROBATE- STAT CUSTODIAL CLAIM

Senate Sponsors
Sen. Don Harmon-Donne E. Trotter-Jacqueline Y. Collins

House Sponsors
(Rep. John A. Fritchey)


Last Action  View All Actions

DateChamber Action
  8/20/2007SenatePublic Act . . . . . . . . . 95-0315

Statutes Amended In Order of Appearance
755 ILCS 5/18-1.1from Ch. 110 1/2, par. 18-1.1

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that a statutory custodial claim against the estate of a deceased disabled person made by a close relative of the disabled person who cared for the disabled person by living with and personally caring for the disabled person for at least 3 years is based on the degree of the person's disability, as follows: 100% disability $180,000 (at present, $100,000); 75% disability $135,000 (at present, $75,000); 50% disability $90,000 (at present, $50,000); and 25% disability $45,000 (at present, $25,000).

Senate Floor Amendment No. 1
Adds reference to:
755 ILCS 5/2-6.2

Replaces everything after the enacting clause with substantially similar provisions except for the following: (1) provides that a person convicted of financial exploitation shall not receive payment for a statutory custodial claim (instead of a person may not receive property or a benefit as an heir, legatee, beneficiary, survivor, appointee, or in any other capacity); (2) provides that a statutory custodial claim may be reduced if the relative's living arrangements with the decedent were intended to and did in fact also provide a physical, emotional, or financial benefit to the claimant; and (3) provides that factors that the court may consider in determining whether to reduce a statutory custodial claim amount are any benefits furnished to the claimant including: free housing or the low cost of housing; alleviation of the need to be employed full time; any financial benefit; emotional benefits; personal care furnished by the decedent; and the proximity of the care provided by the claimant to the decedent to the time of the decedent’s death.

Senate Floor Amendment No. 2
Deletes language providing that a court may reduce a statutory custodial claim to the extent that the claimant's living arrangements with the decedent were intended to and did, in fact, provide an emotional benefit to the claimant. Deletes language providing that a court may, when determining whether to reduce a statutory custodial claim, consider the emotional benefits received by the claimant.

Actions 
DateChamber Action
  2/8/2007SenateFiled with Secretary by Sen. Don Harmon
  2/8/2007SenateFirst Reading
  2/8/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Judiciary Civil Law
  3/1/2007SenateDo Pass Judiciary Civil Law; 010-000-000
  3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007
  3/2/2007SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  3/2/2007SenateSecond Reading
  3/2/2007SenatePlaced on Calendar Order of 3rd Reading March 6, 2007
  3/23/2007SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Dan Cronin
  3/23/2007SenateSenate Floor Amendment No. 1 Referred to Rules
  3/26/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Dan Cronin
  3/26/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Civil Law
  3/27/2007SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Civil Law
  3/28/2007SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Civil Law; 007-000-000
  3/28/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Civil Law; 007-000-000
  3/29/2007SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/29/2007SenateRecalled to Second Reading
  3/29/2007SenateSenate Floor Amendment No. 1 Adopted; Cronin
  3/29/2007SenateSenate Floor Amendment No. 2 Adopted; Cronin
  3/29/2007SenatePlaced on Calendar Order of 3rd Reading
  3/29/2007SenateThird Reading - Passed; 058-000-000
  3/30/2007HouseArrived in House
  3/30/2007HousePlaced on Calendar Order of First Reading
  5/2/2007HouseChief House Sponsor Rep. John A. Fritchey
  5/2/2007HouseFirst Reading
  5/2/2007HouseReferred to Rules Committee
  5/7/2007HouseAssigned to Judiciary I - Civil Law Committee
  5/16/2007HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  5/16/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/22/2007HouseSecond Reading - Short Debate
  5/22/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2007HouseThird Reading - Short Debate - Passed 114-000-000
  5/23/2007SenatePassed Both Houses
  6/21/2007SenateSent to the Governor
  8/20/2007SenateGovernor Approved
  8/20/2007SenateEffective Date January 1, 2008
  8/20/2007SenatePublic Act . . . . . . . . . 95-0315

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