Senate Sponsors: CLAYBORNE. House Sponsors: HOLBROOK-JOHNSON,TOM-HOFFMAN-BIGGERT Short description: PROBATE-INHERTNG FROM ILLEGITS Synopsis of Bill as introduced: Amends the Probate Act of 1975. In the provisions for inheritance after the death of an illegitimate child, changes who may inherit from the illegitimate child from spouses, descendants, and maternal ancestors and their descendants, to spouses, descendants, and the eligible parent and that parent's ancestors and their descendants. Defines an eligible parent as a parent of the decedent who, during the decedent's lifetime, acknowledged the decedent as the parent's child, established a parental relationship with the decedent, and supported the decedent as the parent's child. Provides that if both parents are eligible parents or if neither parent is an eligible parent, inheritance shall be determined under the general rules of descent and distribution. Provides that the changes made by this amendatory Act of 1998 apply to all decedents who die on or after the effective date of this amendatory Act of 1998 and to all instruments executed on or after the effective date of this amendatory Act of 1998. Effective immediately. FISCAL NOTE (Administrative Office of Ill. Courts) No fiscal impact on the Judicial Branch. FISCAL NOTE (Dpt. Children and Family Services) No fiscal impact. STATE MANDATES ACT FISCAL NOTE Fails to create a State mandate. JUDICIAL NOTE No decrease or increase in the need for the number of judges. HOME RULE NOTE SB 1755 fails to preempt home rule authority. GOVERNOR'S AMENDATORY VETO MESSAGE Recommends that the provision regarding the conditions under which a parent of an illegitimate child may inherit be subject to the provision regarding factors the court shall consider when determining the inheritance of a parent who previously neglected a deceased child. Provides that if the court allows any inheritance benefit for the parent of a deceased illegitimate child who was in arrears of in excess of one years child support obligation the reduction in benefits shall be at least as much as the amount of child support owed for the support of the decedent at the time of death. Last action on Bill: PUBLIC ACT.............................. 90-0803 Last action date: 98-12-15 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0 END OF INQUIRY Full Text Bill Status