Full Text of HB3088 100th General Assembly
HB3088 100TH GENERAL ASSEMBLY
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Terri Bryant
SYNOPSIS AS INTRODUCED:
305 ILCS 5/3-9
from Ch. 23, par. 3-9
Amends the Aid to the Aged, Blind, or Disabled Article of the Illinois
Public Aid Code. In provisions concerning a claim against the estate of a
deceased recipient, provides that, subject to federal approval, no claim of
the State shall be enforced against any life insurance benefits or proceeds
provided by the U.S. Department of Veterans Affairs to the surviving spouse
of the deceased recipient.
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A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Public Aid Code is amended by
changing Section 3-9 as follows:
(305 ILCS 5/3-9)
(from Ch. 23, par. 3-9)
Claim against the estate of a deceased recipient.
On the death of a person who has been a recipient, the total
under this Article shall be filed and allowed as a
claim against that person's
estate or as a claim against the
estate of that person's surviving spouse.
No claim of the
State, however, shall be enforced against any real
it is occupied as a homestead by the recipient's surviving
spouse, or a relative of the recipient as defined by the rules
regulations of the Illinois Department, if no claims by
have been filed against the estate, or, if such
claims have been filed,
they remain dormant for failure of
prosecution or failure of the claimant
to compel administration
of the estate for the purpose of payment.
"Homestead", as used
in this Section, means the dwelling house and
estate occupied by a surviving spouse, or defined relative
the recipient, regardless of the value of the property.
Subject to federal approval, no claim of the State shall be
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enforced against any life insurance benefits or proceeds
provided by the U.S. Department of Veterans Affairs to the
surviving spouse of a deceased recipient.
The transfer of money, personal property or other personal
any interest therein, by a present or former
recipient into a joint tenancy
account in a bank or other
institution or depository shall be prima facie
evidence of an
intent to defeat the claim against his estate. The transfer
be voided in an appropriate legal action, or the Illinois
may consider the recipient's interest in the joint
tenancy account as an
asset of his estate for the purpose of
the claim provided by this Section.
The Illinois Department may, by rule, defer or waive the
its claim hereunder if the deceased recipient is
survived by a dependent
spouse and minor child or children, or
if rehabilitative training for
employment or other means of
self-support for the surviving spouse or
children is feasible
and the deferment or waiver of the claim would
achievement of self-support status and prevent or reduce the
likelihood of return to dependency upon public aid.
The estate claim herein provided is in addition to the lien
established in Section 3-10.
(Source: P.A. 88-85.)