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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0481
Introduced 2/8/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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755 ILCS 5/18-1.1 |
from Ch. 110 1/2, par. 18-1.1 |
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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).
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A BILL FOR
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SB0481 |
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LRB095 06275 AJO 26370 b |
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| AN ACT concerning civil law.
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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 18-1.1 as follows:
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| (755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
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| Sec. 18-1.1. Statutory custodial claim. Any spouse, |
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| parent, brother,
sister, or child of a disabled person who |
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| dedicates himself or herself to the
care of the disabled person |
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| by living with and personally caring for the
disabled person |
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| for at least 3 years shall be entitled to a claim against
the |
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| estate upon the death of the disabled person. The claim shall |
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| take
into consideration the claimant's lost employment |
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| opportunities, lost
lifestyle opportunities, and emotional |
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| distress experienced as a result of
personally caring for the |
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| disabled person. The claim shall be in addition
to any other |
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| claim, including without limitation a reasonable claim for
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| nursing and other care. The claim shall be based upon the |
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| nature and
extent of the person's disability and, at a minimum |
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| but subject to the
extent of the assets available, shall be in |
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| the amounts set forth below:
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| 1. 100% disability, $180,000
$100,000
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| 2. 75% disability, $135,000
$75,000
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