Bill Status of HB 169   98th General Assembly

Short Description:  RESID PROP-TRANSFER ON DEATH

House Sponsors
Rep. John E. Bradley

Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 27/5
755 ILCS 27/35
755 ILCS 27/40
755 ILCS 27/75
755 ILCS 27/90

Synopsis As Introduced
Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Defines "beneficiary's authorized representative" as an agent under a power of attorney, a standby guardian, a short-term or temporary guardian, an executor, an administrator, or an administrator to collect. Changes the definition of "residential real estate" to include, among other types of real estate, a residential condominium unit (instead of units in residential cooperatives or condominium units) including but not limited to the common elements allocated to that condominium unit and any parking unit or other amenity owned by the owner of the unit. Provides that an agency under a durable power of attorney or other instrument creating an agency does not have the authority to create or revoke a transfer on death instrument on behalf of the owner, provided that this provision shall not be construed to prohibit the agent from selling, transferring, or encumbering the residential real estate under the terms of the agency. Provides that if, following the death of an owner who executed a transfer on death instrument, a beneficiary or the beneficiary's authorized representative fails to file a notice of death affidavit and acceptance or a disclaimer within 6 months after the owner's death, any other beneficiary or the owner's estate may serve a written demand to file, pursuant to the Act, upon the beneficiary. Provides that if the beneficiary does not file an acceptance or a disclaimer within 30 days after receipt of the demand, the beneficiary will be deemed to have predeceased the owner with no descendants surviving. Provides that if a purchaser or mortgagee for value takes title to the property before the filing of any action to set aside the transfer on death instrument, the purchaser or mortgagee takes title to the property free and clear of any such action.

Actions 
DateChamber Action
  1/17/2013HouseFiled with the Clerk by Rep. John E. Bradley
  1/18/2013HouseFirst Reading
  1/18/2013HouseReferred to Rules Committee
  2/4/2013HouseAssigned to Judiciary
  3/21/2013HouseDo Pass / Short Debate Judiciary; 016-000-000
  3/21/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  12/3/2014HouseSession Sine Die

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