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Public Act 099-0497
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| SB0163 Enrolled | LRB099 03389 HEP 23397 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing |
Section 16-1 as follows:
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(755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
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(Text of Section before amendment by P.A. 99-93)
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Sec. 16-1.
Citation on behalf of estate.)
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(a) Upon the filing of a
petition therefor by the |
representative or by any other person
interested in the estate |
or, in the case of an estate of a ward by any other
person, the |
court shall order a citation to
issue for the appearance before |
it of any person whom the petitioner
believes (1) to have |
concealed, converted or embezzled or to have in his
possession |
or control any personal property, books of account, papers or
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evidences of debt or title to lands which belonged to a person |
whose
estate is being administered in that court or which |
belongs to his
estate or to his representative or (2) to have |
information or knowledge
withheld by the respondent from the |
representative and needed by the
representative for the |
recovery of any property by suit or otherwise.
The petition |
shall contain a request for the relief sought.
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(b) The citation must be served not less than 10 days |
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before the
return day designated in the citation and must be |
served and returned in
the manner provided for summons in civil |
cases.
If there is a personal representative who is not the |
respondent, notice of
the proceeding shall be given by mail or |
in person to the personal
representative not less than 5 days |
before the return day designated in the
citation.
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(c) If the representative is the respondent, the court may |
appoint a
special administrator to represent the estate. The |
court may permit the
special administrator to prosecute or |
defend an appeal.
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(d) The court may examine the respondent on oath whether or |
not the
petitioner has proved the matters alleged in the |
petition, may hear the
evidence offered by any party, may |
determine all questions of title,
claims of adverse title and |
the right of property and may enter such
orders and judgment as |
the case requires. If the respondent refuses to
answer proper |
questions put to him or refuses to obey the court's order
to |
deliver any personal property or, if converted, its proceeds or
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value, or books of account, papers or evidences of debt or |
title to
lands, the court may commit him to jail until he |
complies with the order
of the court or is discharged by due |
course of law and the court may
enforce its order against the |
respondent's real and
personal property in the manner in which |
judgments for the payment of
money are enforced. The court may |
tax the costs of the proceeding against
the respondent and |
enter judgment therefor against him.
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(Source: P.A. 89-396, eff. 8-20-95.)
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(Text of Section after amendment by P.A. 99-93)
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Sec. 16-1.
Citation on behalf of estate.)
|
(a) Upon the filing of a
petition therefor by the |
representative or by any other person
interested in the estate |
or, in the case of an estate of a ward by any other
person, the |
court shall order a citation to
issue for the appearance before |
it of any person whom the petitioner
believes: (1) to have |
concealed, converted or embezzled or to have or had in his
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possession or control any assets, personal property, books of |
account, papers or
evidences of debt or title to lands which |
belonged to a person whose
estate is being administered in that |
court or which belongs to his
estate or to his representative |
or ; (2) to have information or knowledge
withheld by the |
respondent from the representative and needed by the
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representative for the recovery of any property by suit or |
otherwise; or (3) may be liable to the estate of a ward |
pursuant to any civil cause of action.
The petition shall |
contain a request for the relief sought.
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(b) The citation must be served not less than 10 days |
before the
return day designated in the citation and must be |
served and returned in
the manner provided for summons in civil |
cases.
If there is a personal representative who is not the |
respondent, notice of
the proceeding shall be given by mail or |
in person to the personal
representative not less than 5 days |
|
before the return day designated in the
citation.
|
(c) If the representative is the respondent, the court may |
appoint a
special administrator to represent the estate. The |
court may permit the
special administrator to prosecute or |
defend an appeal.
|
(d) The court may examine the respondent on oath whether or |
not the
petitioner has proved the matters alleged in the |
petition, may hear the
evidence offered by any party, may |
determine all questions of title,
claims of adverse title and |
the right of property and may enter such
orders and judgment as |
the case requires. If the respondent refuses to
answer proper |
questions put to him or refuses to obey the court's order
to |
deliver any personal property or, if converted, its proceeds or
|
value, or books of account, papers or evidences of debt or |
title to
lands, the court may commit him to jail until he |
complies with the order
of the court or is discharged by due |
course of law and the court may
enforce its order against the |
respondent's real and
personal property in the manner in which |
judgments for the payment of
money are enforced. The court may |
tax the costs of the proceeding against
the respondent and |
enter judgment therefor against him.
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(Source: P.A. 99-93, eff. 1-1-16.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |