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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5729 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED:
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Amends the Probate Act of 1975. Provides that if a person is shown by clear and convincing evidence to have financially exploited an elderly person or a person with a disability, any property, benefit, or other interest to which the person is entitled by reason of the death of
the financially exploited decedent shall pass as if the person who committed the financial exploitation died before the
decedent, except that, with respect to joint tenancy property, the interest possessed prior
to the death by the person committing the financial exploitation shall not be diminished. Provides that a determination of financial exploitation may be made by any court
of competent jurisdiction, separate and apart from any criminal proceeding arising from
the financial exploitation, except that the civil proceeding may not proceed to trial nor may the
person be required to submit to discovery in the civil proceeding until any
criminal proceedings have been finally determined by the trial court or, if no
criminal charge has been brought, prior to one year after the date of the decedent's death. Provides that the holder of property is not liable for
distributing or releasing the property to the person committing financial exploitation if the distribution or release occurs prior to a determination made under the new provisions. Provides that if the holder of property knows or has reason
to know that a potential beneficiary financially exploited a decedent,
the holder shall fully cooperate with law enforcement authorities and judicial officers in
connection with any investigation of the financial exploitation. Provides that a person financially exploits an elderly person or a person
with a disability when he or she knowingly and by deception or intimidation obtains
control over the property of an elderly person or a person with a disability or illegally
uses the assets or resources of an elderly person or a person with a disability.
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| | A BILL FOR |
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| | HB5729 | | LRB098 17177 HEP 52265 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probate Act of 1975 is amended by adding |
| 5 | | Section 2-6.2a as follows:
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| 6 | | (755 ILCS 5/2-6.2a new) |
| 7 | | Sec. 2-6.2a. Person who financially exploited decedent. |
| 8 | | (a) If a person is shown by
clear and convincing evidence |
| 9 | | to have financially exploited an elderly person or a person |
| 10 | | with a disability, any property, benefit, or other interest to |
| 11 | | which the person is entitled by reason of the death of
the |
| 12 | | financially exploited decedent shall pass as if the person who |
| 13 | | committed the financial exploitation died before the
decedent, |
| 14 | | except that, with respect to joint tenancy property, the |
| 15 | | interest possessed prior
to the death by the person committing |
| 16 | | the financial exploitation shall not be diminished by the
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| 17 | | application of this Section. A determination under this Section |
| 18 | | may be made by any court
of competent jurisdiction, separate |
| 19 | | and apart from any criminal proceeding arising from
the |
| 20 | | financial exploitation, except that the civil proceeding may |
| 21 | | not proceed to trial nor may the
person be required to submit |
| 22 | | to discovery in the civil proceeding until any
criminal |
| 23 | | proceedings have been finally determined by the trial court or, |