State of Illinois
92nd General Assembly
Legislation

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92_HB2220eng

 
HB2220 Engrossed                               LRB9205825WHcs

 1        AN ACT concerning rights and remedies.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Wrongful Death Act is amended by changing
 5    Section 2.1 as follows:

 6        (740 ILCS 180/2.1) (from Ch. 70, par. 2.1)
 7        Sec. 2.1.  In the  event  that  the  only  asset  of  the
 8    deceased  estate is a cause of action arising under this Act,
 9    and no petition for letters of office for his or  her  estate
10    has  been  filed,  the  court,  upon motion of any person who
11    would be entitled to a recovery under  this  Act,  and  after
12    such  notice  to  the  party's heirs or legatees as the court
13    directs, and without opening of  an  estate,  may  appoint  a
14    special  administrator for the deceased party for the purpose
15    of prosecuting or defending the action. If there is more than
16    one  special  administrator  appointed   and   one   of   the
17    administrators  is  a  corporation  qualified  to  act  as  a
18    representative  of  the  estate  of  a  decedent  and  if the
19    compensation of the attorney or  attorneys  representing  the
20    special   administrators   is   solely   determined  under  a
21    contingent fee arrangement, then upon petition  and  approval
22    by   the   court,   the  special  administrator  which  is  a
23    corporation shall not participate in  or  have  any  duty  to
24    review  the  prosecution  of the action, to participate in or
25    review the appropriateness of any settlement of  the  action,
26    or  to  participate  in  or  review  any determination of the
27    appropriateness of  any  fees  awarded  to  the  attorney  or
28    attorneys employed in the prosecution of the action.
29        If  a  judgment  is  entered  or the action is settled in
30    favor  of  the  special  administrator,  he  or   she   shall
31    distribute  the  proceeds  as provided by law, except that if
 
HB2220 Engrossed            -2-                LRB9205825WHcs
 1    proceeds in excess of $5,000 are distributable to a minor  or
 2    person   under   legal  disability,  the  court  shall  allow
 3    disbursements and fees to the special administrator  and  his
 4    or  her  attorney  and  the balance shall be administered and
 5    distributed under the supervision of the probate division  of
 6    the court if the circuit court has a probate division.
 7    (Source: P.A. 87-435; 87-1260.)

 8        Section 10.  The Probate Act of 1975 is amended by adding
 9    Section 19-14 as follows:

10        (755 ILCS 5/19-14 new)
11        Sec.  19-14. Administrator or executor; legal proceeding;
12    participation. If there is more  than  one  administrator  or
13    executor of a decedent's estate and one of the administrators
14    or   executors  is  a  corporation  qualified  to  act  as  a
15    representative of  the  estate  of  a  decedent  and  if  the
16    administrators  or  executors of the decedent's estate appear
17    for and represent the estate in a legal proceeding  in  which
18    the  compensation  of  the attorney or attorneys representing
19    the administrators or executors is solely determined under  a
20    contingent  fee  arrangement, then upon petition and approval
21    by the court, the administrator or executor of the decedent's
22    estate which is a corporation shall  not  participate  in  or
23    have  any  duty  to  review the prosecution of the action, to
24    participate  in  or  review  the   appropriateness   of   any
25    settlement  of the action, or to participate in or review any
26    determination of the appropriateness of any fees  awarded  to
27    the  attorney or attorneys employed in the prosecution of the
28    action.

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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