96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2042


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		







  



740 ILCS 180/2.1
  from Ch. 70, par. 2.1








    Amends the Wrongful Death Act.  Makes a technical change in a Section
concerning special administrators.
















LRB096 05513 AJO 15579 b

















 


 


A BILL FOR









 











HB2042

LRB096 05513 AJO 15579 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, 
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represented in the General Assembly: 

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



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    (740 ILCS 180/2.1)  (from Ch. 70, par. 2.1)



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    Sec. 2.1. 
In the
the event that the only asset of the 
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deceased estate is a cause
of action arising under this Act, 
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and no petition for letters of office
for his or her estate has 
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been filed, the court, upon motion of any
person who would be 
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entitled to a recovery under this Act, and after such
notice to 
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the party's heirs or legatees as the court directs,
and without 
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opening of an estate, may appoint a special administrator for

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the deceased party for the purpose of prosecuting or defending 
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the action.
If there is more than one special administrator 
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appointed
and one of
the administrators is a corporation 
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qualified to act as a representative of the
estate of a

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decedent and if the compensation of the attorney or attorneys 
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representing the
special
administrators is solely determined 
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under a contingent fee arrangement, then
upon petition and 
21
approval by the court, the
special
administrator which is a 
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corporation shall not participate in or have any duty
to review

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the prosecution of the action, to participate in or review the 
 


 






HB2042
- 2 -
LRB096 05513 AJO 15579 b




1
appropriateness
of any
settlement of the action, or to 
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participate in or review any determination of
the

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appropriateness of any fees awarded to the attorney or 
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attorneys employed in
the prosecution of the action.
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    If a judgment is entered or the action is settled in favor 
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of the special
administrator, he or she shall distribute the 
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proceeds as provided by
law, except that if proceeds in excess 
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of $5,000 are distributable to a
minor or person under legal 
9
disability, the court shall allow disbursements and
fees to the 
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special administrator and his or her attorney and the balance 
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shall
be administered and distributed under the supervision of 
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the probate division
of the court if the circuit court has a 
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probate division.

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(Source: P.A. 92-288, eff. 8-9-01.)