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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
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.