Full Text of HB2442 101st General Assembly
HB2442 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2442 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
| 755 ILCS 5/18-10 | from Ch. 110 1/2, par. 18-10 |
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Amends the Probate Act of 1975. Provides that the fees incurred by a public guardian for services related to guardianship duties are a first class claim against the estate of a decedent.
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| | A BILL FOR |
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| | | HB2442 | | LRB101 07953 LNS 53009 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 18-10 as follows:
| 6 | | (755 ILCS 5/18-10) (from Ch. 110 1/2, par. 18-10)
| 7 | | Sec. 18-10. Classification of claims against decedent's | 8 | | estate. All
claims against the estate of a decedent are divided | 9 | | into classes in the
manner following:
| 10 | | 1st: Funeral and burial expenses, expenses of | 11 | | administration, fees incurred under subsection (b) of Section | 12 | | 13-3.1, and
statutory custodial claims. For the purposes of | 13 | | this paragraph, funeral and
burial expenses paid by any person, | 14 | | including a surviving spouse, are
funeral and burial expenses; | 15 | | and funeral and burial expenses include
reasonable amounts paid | 16 | | for a burial space, crypt or niche, a marker on the
burial | 17 | | space, care of the burial space, crypt or niche, and interest | 18 | | on
these amounts. Interest on these amounts shall accrue | 19 | | beginning 60 days
after issuance of letters of office to the | 20 | | representative of the decedent's
estate, or if no such letters | 21 | | of office are issued, then beginning 60 days
after those | 22 | | amounts are due, up to the rate of 9% per annum as allowed by
| 23 | | contract or law.
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| | | HB2442 | - 2 - | LRB101 07953 LNS 53009 b |
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| 1 | | 2nd: The surviving spouse's or child's award.
| 2 | | 3rd: Debts due the United States.
| 3 | | 4th: Reasonable and necessary medical, hospital, and | 4 | | nursing home expenses for the care of the decedent during the | 5 | | year immediately preceding death; and money due employees of | 6 | | the decedent of not more than $800 for each
claimant for | 7 | | services rendered within 4 months prior to the decedent's
| 8 | | death.
| 9 | | 5th: Money and property received or held in trust by | 10 | | decedent which
cannot be identified or traced.
| 11 | | 6th: Debts due this State and any county, township, city, | 12 | | town, village
or school district located within this State.
| 13 | | 7th: All other claims.
| 14 | | (Source: P.A. 100-1079, eff. 8-24-18.)
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