Full Text of SB0481 95th General Assembly
SB0481 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0481
Introduced 2/8/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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755 ILCS 5/18-1.1 |
from Ch. 110 1/2, par. 18-1.1 |
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Amends the Probate Act of 1975. Provides that a statutory custodial claim against the estate of a deceased disabled person made by a close relative of the disabled person who cared for the disabled person by living with and personally caring for the disabled person for at least 3 years is based on the degree of the person's disability, as follows: 100% disability $180,000 (at present, $100,000); 75% disability $135,000 (at present, $75,000); 50% disability $90,000 (at present, $50,000); and 25% disability $45,000 (at present, $25,000).
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A BILL FOR
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SB0481 |
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LRB095 06275 AJO 26370 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 Probate Act of 1975 is amended by changing | 5 |
| Section 18-1.1 as follows:
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| (755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
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| Sec. 18-1.1. Statutory custodial claim. Any spouse, | 8 |
| parent, brother,
sister, or child of a disabled person who | 9 |
| dedicates himself or herself to the
care of the disabled person | 10 |
| by living with and personally caring for the
disabled person | 11 |
| for at least 3 years shall be entitled to a claim against
the | 12 |
| estate upon the death of the disabled person. The claim shall | 13 |
| take
into consideration the claimant's lost employment | 14 |
| opportunities, lost
lifestyle opportunities, and emotional | 15 |
| distress experienced as a result of
personally caring for the | 16 |
| disabled person. The claim shall be in addition
to any other | 17 |
| claim, including without limitation a reasonable claim for
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| nursing and other care. The claim shall be based upon the | 19 |
| nature and
extent of the person's disability and, at a minimum | 20 |
| but subject to the
extent of the assets available, shall be in | 21 |
| the amounts set forth below:
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| 1. 100% disability, $180,000
$100,000
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| 2. 75% disability, $135,000
$75,000
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SB0481 |
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LRB095 06275 AJO 26370 b |
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| 3. 50% disability, $90,000
$50,000
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| 4. 25% disability, $45,000
$25,000
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| (Source: P.A. 87-908.)
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