(740 ILCS 180/2.1) (from Ch. 70, par. 2.1)
Sec. 2.1.
In the event that the only asset of the deceased estate is a cause
of action arising under this Act, and no petition for letters of office
for his or her estate has been filed, the court, upon motion of any
person who would be entitled to a recovery under this Act, and after such
notice to the party's heirs or legatees as the court directs,
and without opening of an estate, may appoint a special administrator for
the deceased party for the purpose of prosecuting or defending the action.
If there is more than one special administrator appointed
and one of
the administrators is a corporation qualified to act as a representative of the
estate of a
decedent and if the compensation of the attorney or attorneys representing the
special
administrators is solely determined under a contingent fee arrangement, then
upon petition and approval by the court, the
special
administrator which is a corporation shall not participate in or have any duty
to review
the prosecution of the action, to participate in or review the appropriateness
of any
settlement of the action, or to participate in or review any determination of
the
appropriateness of any fees awarded to the attorney or attorneys employed in
the prosecution of the action.
If a judgment is entered or the action is settled in favor of the special
administrator, he or she shall distribute the proceeds as provided by
law, except that if proceeds in excess of $5,000 are distributable to a
minor or person under legal disability, the court shall allow disbursements and
fees to the special administrator and his or her attorney and the balance shall
be administered and distributed under the supervision of the probate division
of the court if the circuit court has a probate division.
(Source: P.A. 92-288, eff. 8-9-01.)
|