Bill Status of SB 1230   95th General Assembly


Short Description:  PROBATE-STAT CUSTODIAL CLAIM

Senate Sponsors
Sen. Dan Cronin

Last Action  View All Actions

DateChamber Action
  1/13/2009SenateSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 5/2-6.2
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 person convicted of financial exploitation shall not receive payment for a statutory custodial claim (at present, a person may not receive property or a benefit as an heir, legatee, beneficiary, survivor, appointee, or in any other capacity). Provides that a statutory custodial claim shall be disallowed if the decedent expressly bars a relative from being paid a statutory custodial claim in a will or codicil executed by the decedent on a date that is after the relative dedicated himself or herself to the care of the decedent, lived with the decedent, and personally cared for the decedent for at least 3 years. Provides that the court may take into account and reduce the claim to the extent to which the person submitting the claim benefitted from the living arrangements with the decedent. Effective immediately.

Senate Committee Amendment No. 1
Further amends the Probate Act of 1975. Provides that no statutory custodial claim shall be allowed if the relative's living arrangements with the decedent were intended to and did provide a significant benefit to the relative making the claim. Provides that a benefit received by the claimant may be a result of the living arrangement or may have been provided to the claimant by the decedent. Provides that the court shall consider in determining whether to reduce a statutory custodial claim amount 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; and personal care furnished by the decedent. Provides that a claim shall be disallowed if the decedent executed a will or codicil on a date after the claimant had lived with and cared for the decedent for 3 years, which were 3 of the decedent's last 5 years of life. Deletes immediate effective date Section.

Actions 
DateChamber Action
  2/9/2007SenateFiled with Secretary by Sen. Dan Cronin
  2/9/2007SenateFirst Reading
  2/9/2007SenateReferred to Rules
  3/7/2007SenateAssigned to Judiciary Civil Law
  3/9/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Cronin
  3/9/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/13/2007SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
  3/13/2007SenateSenate Committee Amendment No. 1 Adopted
  3/14/2007SenateDo Pass as Amended Judiciary Civil Law; 009-000-000
  3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007
  3/22/2007SenateSecond Reading
  3/22/2007SenatePlaced on Calendar Order of 3rd Reading March 27, 2007
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  5/31/2007SenateRule 2-10 Third Reading Deadline Established As December 31, 2007
  12/3/2007SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  5/31/2008SenateRule 2-10 Third Reading Deadline Established As January 13, 2009
  1/13/2009SenateSession Sine Die

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