(755 ILCS 5/2-6.5)
Sec. 2-6.5.
Parent neglecting child.
A parent who, for a period of one
year
or more immediately before the death of the parent's minor or dependent child,
has willfully neglected or failed to perform any duty of support owed to the
minor or dependent child or who, for a period of one year or more, has
willfully
deserted the minor or dependent child
shall not receive
any property,
benefit, or other interest by reason of the death, whether as heir,
legatee, beneficiary, survivor, appointee, or in any other
capacity (other than joint tenant) and whether the property, benefit, or other
interest passes
pursuant to any form of title registration (other than joint tenancy),
testamentary or nontestamentary instrument, intestacy, renunciation, or any
other circumstance, unless and until a court of competent jurisdiction makes
a determination as to the effect on the deceased minor or dependent child of
the parent's neglect, failure to perform any duty of support owed to the minor
or dependent child, or willful desertion of the minor or dependent child and
allows a
reduced benefit or other interest that the parent was to receive by virtue of
the death of the minor or dependent child, as the interests of justice require.
In no event shall the reduction of the benefit or other interest be less than
the amount of child support owed to the minor or dependent child at the time of
the death of the minor or dependent child. The court's considerations in
determining the amount to be deducted from the parent's award shall include,
but not be limited to:
(1) the deceased minor's or dependent child's loss of |
A determination under this Section may be made by any court of
competent jurisdiction separate and apart from any civil or criminal proceeding
arising from the duty of support owed to or desertion of the minor or dependent
child.
A petition for adjudication of an allegation under this Section must be
filed within 6 months after the date of the death of the minor or dependent
child.
The holder of any property subject to the provisions of this Section
shall not be liable for distributing, releasing, or transferring the property
to the person
who neglected, failed to perform any duty of support owed to the minor or
dependent child, or willfully deserted the minor or dependent child if the
distribution or
release occurs before a
determination has been made under this Section or if the holder of the property
has not
received written notification of the determination before the distribution or
release, accompanied by a certified copy of the determination.
If the property in question is an interest in real property, that interest
may be distributed, released, or transferred at any time by a holder of
property, the parent, or any other person or entity before a determination is
made under this Section and a certified copy of that determination is recorded
in the office of the recorder in the county in which the real property is
located. The document to be recorded must include the title of the action or
proceeding, the parties to the action or proceeding, the court in
which the action or proceeding was brought, the date of the determination, and
the legal description, permanent index number, and common address of the real
property. If a certified copy of the determination is not recorded within 6
months of the date of the determination, any subsequent recording of a
certified copy of the determination does not act to prevent the distribution,
release, or transfer of real property to any person or entity, including the
neglectful parent.
(Source: P.A. 88-631, eff. 9-9-94.)
|