Sen. Dan Cronin
Filed: 3/9/2007
 
 

 




 

 		












09500SB1230sam001

LRB095 10643 AJO 33113 a






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AMENDMENT TO SENATE BILL 1230 




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    AMENDMENT NO. ______. Amend Senate Bill 1230 on page 4, by 
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replacing line 7 with the following:

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"caring for the disabled person for  at least 3 of the last 5 
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years of the decedent's life
years shall be"; and
 
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on page 4, by replacing lines 12 through 18 with the following:
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"of personally caring for the disabled person. No claim shall 
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be allowed if it is shown that the living arrangements (i) were 
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intended to provide a significant benefit to the claimant and 
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(ii) did provide a significant benefit to the claimant. 
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Notwithstanding the statutory custodial claim amounts stated 
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in this Section, a court may reduce an amount to reflect the 
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extent to which the living arrangement provided a physical, 
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emotional, or financial benefit to the claimant. A benefit 
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received by the claimant may have occurred as the result of the 
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living arrangement or have been provided to the claimant by the 
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decedent or by others in part in recognition of the personal 
 


 






09500SB1230sam001
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LRB095 10643 AJO 33113 a




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care provided by the claimant to the decedent. The factors a 
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court shall consider in determining whether to reduce a 
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statutory custodial claim amount shall include but are not 
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limited to: (i) the free or low cost of housing provided to the 
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claimant; (ii) the alleviation of the need for the claimant to 
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be employed full time; (iii) any financial benefit provided to 
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the claimant; (iv) the emotional benefits received by the 
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claimant; and (v) the personal care received by the claimant 
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from the decedent or others. The claim shall be in addition to 
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any other"; and
 
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on page 5, by replacing lines 3 through 9, with the following:
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    "A claim under this Section shall be disallowed if the 
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descendent executed a valid will or codicil on a date after the 
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claimant dedicated himself or herself to the care of the 
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decedent, lived with the decedent, and personally cared for the 
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decedent for at least 3 years, which were 3 of the last 5 years 
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of the decedent's life."; and
 
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on page 5, by deleting lines 11 and 12.