Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/4a-15

    (755 ILCS 5/4a-15)
    Sec. 4a-15. Exceptions. The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either:
        (1) by a preponderance of evidence that the

transferee's share under the transfer instrument is not greater than the share the transferee was entitled to under the transferor's transfer instrument in effect prior to the transferee becoming a caregiver; or

(2) by clear and convincing evidence that the

transfer was not the product of fraud, duress, or undue influence.

(Source: P.A. 98-1093, eff. 1-1-15.)