Illinois General Assembly - Bill Status for HB0169

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.

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