Illinois General Assembly - Bill Status for HB1636

Amends the Illinois Banking Act. In provisions concerning customer financial records and confidentiality, provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Savings Bank Act. Provides that the provisions do not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Illinois Credit Union Act. Provides that the provisions do not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a member. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Makes other changes. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. In provisions concerning executors administering the estate of a decedent, provides that any person, corporation, or financial institution that conducts business or performs transactions on behalf of or at the direction of an executor or administrator with the will annexed shall be fully protected and released from liability to the same extent that the executor or administrator with the will annexed would be if the executor or administrator with the will annexed was lawfully authorized to conduct the business or perform the transaction, unless the person, corporation, or financial institution had actual knowledge that the executor or administer was not acting upon lawful authority.

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