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| | SB1308 Enrolled | | LRB099 10478 HEP 30705 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 changing |
| 5 | | Section 16-1 as follows:
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| 6 | | (755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
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| 7 | | Sec. 16-1.
Citation on behalf of estate.)
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| 8 | | (a) Upon the filing of a
petition therefor by the |
| 9 | | representative or by any other person
interested in the estate |
| 10 | | or, in the case of an estate of a ward by any other
person, the |
| 11 | | court shall order a citation to
issue for the appearance before |
| 12 | | it of any person whom the petitioner
believes: (1) to have |
| 13 | | concealed, converted or embezzled or to have or had in his
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| 14 | | possession or control any assets, personal property, books of |
| 15 | | account, papers or
evidences of debt or title to lands which |
| 16 | | belonged to a person whose
estate is being administered in that |
| 17 | | court or which belongs to his
estate or to his representative; |
| 18 | | or (2) to have information or knowledge
withheld by the |
| 19 | | respondent from the representative and needed by the
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| 20 | | representative for the recovery of any property by suit or |
| 21 | | otherwise; or (3) may be liable to the estate of a ward |
| 22 | | pursuant to any civil cause of action.
The petition shall |
| 23 | | contain a request for the relief sought.
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| | SB1308 Enrolled | - 2 - | LRB099 10478 HEP 30705 b |
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| 1 | | (b) The citation must be served not less than 10 days |
| 2 | | before the
return day designated in the citation and must be |
| 3 | | served and returned in
the manner provided for summons in civil |
| 4 | | cases.
If there is a personal representative who is not the |
| 5 | | respondent, notice of
the proceeding shall be given by mail or |
| 6 | | in person to the personal
representative not less than 5 days |
| 7 | | before the return day designated in the
citation.
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| 8 | | (c) If the representative is the respondent, the court may |
| 9 | | appoint a
special administrator to represent the estate. The |
| 10 | | court may permit the
special administrator to prosecute or |
| 11 | | defend an appeal.
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| 12 | | (d) The court may examine the respondent on oath whether or |
| 13 | | not the
petitioner has proved the matters alleged in the |
| 14 | | petition, may hear the
evidence offered by any party, may |
| 15 | | determine all questions of title,
claims of adverse title and |
| 16 | | the right of property and may enter such
orders and judgment as |
| 17 | | the case requires. If the respondent refuses to
answer proper |
| 18 | | questions put to him or refuses to obey the court's order
to |
| 19 | | deliver any personal property or, if converted, its proceeds or
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| 20 | | value, or books of account, papers or evidences of debt or |
| 21 | | title to
lands, the court may commit him to jail until he |
| 22 | | complies with the order
of the court or is discharged by due |
| 23 | | course of law and the court may
enforce its order against the |
| 24 | | respondent's real and
personal property in the manner in which |
| 25 | | judgments for the payment of
money are enforced. The court may |
| 26 | | tax the costs of the proceeding against
the respondent and |