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90_HB3049
755 ILCS 5/2-2 from Ch. 110 1/2, par. 2-2
Amends the Probate Act of 1975. Provides that a parent
may not inherit from an illegitimate decedent unless the
parent, during the decedent's lifetime, acknowledged the
decedent as the parent's child, established a parental
relationship with the decedent, and supported the decedent as
the parent's child. Notwithstanding the preceding, a parent
may not inherit from an illegitimate decedent if the parent
abandoned the decedent and that abandonment continued until
the decedent's death. (Now, the mother and her descendants,
but not the father and his descendants, may inherit from an
illegitimate decedent.)
LRB9009705DJcd
LRB9009705DJcd
1 AN ACT to amend the Probate Act of 1975 by changing
2 Section 2-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by
6 changing Section 2-2 as follows:
7 (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
8 Sec. 2-2. Illegitimates. The intestate real and
9 personal estate of a resident decedent who was illegitimate
10 at the time of death and the intestate real estate in this
11 State of a nonresident decedent who was illegitimate at the
12 time of death, after all just claims against his estate are
13 fully paid, descends and shall be distributed as follows:
14 (a) If there is a surviving spouse and also a descendant
15 of the decedent: 1/2 of the entire estate to the surviving
16 spouse and 1/2 to the decedent's descendants per stirpes.
17 (b) If there is no surviving spouse but a descendant of
18 the decedent: the entire estate to the decedent's
19 descendants per stirpes.
20 (c) If there is a surviving spouse but no descendant of
21 the decedent: the entire estate to the surviving spouse.
22 (d) If there is no surviving spouse or descendant but a
23 parent the mother or a descendant of a parent the mother of
24 the decedent: the entire estate to the parents mother and
25 their her descendants, allowing 1/2 to the parents mother and
26 1/2 to their her descendants per stirpes. A parent may not
27 inherit from a decedent under this paragraph (d), however,
28 unless the parent, during the decedent's lifetime,
29 acknowledged the decedent as the parent's child, established
30 a parental relationship with the decedent, and supported the
31 decedent as the parent's child. Notwithstanding the
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1 preceding sentence, a parent may not inherit from a decedent
2 under this paragraph (d) if the parent abandoned the decedent
3 and that abandonment continued until the decedent's death.
4 (e) If there is no surviving spouse, descendant, mother
5 or descendant of the mother of the decedent, but a maternal
6 grandparent or descendant of a maternal grandparent of the
7 decedent: the entire estate to the decedent's maternal
8 grandparents in equal parts, or to the survivor of them, or
9 if there is none surviving, to their descendants per stirpes.
10 (f) If there is no surviving spouse, descendant, mother,
11 descendant of the mother, maternal grandparent or descendant
12 of a maternal grandparent of the decedent: the entire estate
13 to the decedent's maternal great-grandparents in equal parts
14 or to the survivor of them, or if there is none surviving, to
15 their descendants per stirpes.
16 (g) If there is no surviving spouse, descendant, mother,
17 descendant of the mother, maternal grandparent, descendant of
18 a maternal grandparent, maternal great-grandparent or
19 descendant of a maternal great-grandparent of the decedent:
20 the entire estate in equal parts to the nearest kindred of
21 the mother of the decedent in equal degree (computing by the
22 rules of the civil law) and without representation.
23 (h) If there is no surviving spouse or mother of the
24 decedent and no known kindred of the mother of the decedent:
25 the real estate escheats to the county in which it is
26 located; the personal estate physically located within this
27 State and the personal estate physically located or held
28 outside this State which is the subject of ancillary
29 administration within this State escheats to the county of
30 which the decedent was a resident or, if the decedent was not
31 a resident of this State, to the county in which it is
32 located; all other personal property of the decedent of
33 every class and character, wherever situate, or the proceeds
34 thereof, shall escheat to this State and be delivered to the
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1 Director of Financial Institutions of this State pursuant to
2 the Uniform Disposition of Unclaimed Property Act.
3 An illegitimate person is heir of his mother and of any
4 maternal ancestor and of any person from whom his mother
5 might have inherited, if living; and the descendants of an
6 illegitimate person shall represent such person and take by
7 descent any estate which the parent would have taken, if
8 living. If a decedent has acknowledged paternity of an
9 illegitimate person or if during his lifetime or after his
10 death a decedent has been adjudged to be the father of an
11 illegitimate person, that person is heir of his father and of
12 any paternal ancestor and of any person from whom his father
13 might have inherited, if living; and the descendants of an
14 illegitimate person shall represent that person and take by
15 descent any estate which the parent would have taken, if
16 living. If during his lifetime the decedent was adjudged to
17 be the father of an illegitimate person by a court of
18 competent jurisdiction, an authenticated copy of the judgment
19 is sufficient proof of the paternity; but in all other cases
20 paternity must be proved by clear and convincing evidence. A
21 person who was illegitimate whose parents intermarry and who
22 is acknowledged by the father as the father's child is
23 legitimate. After an illegitimate person is adopted, that
24 person's relationship to his or her adopting and natural
25 parents shall be governed by Section 2-4 of this Act. For
26 purposes of inheritance, the changes made by this amendatory
27 Act of 1997 apply to all decedents who die on or after
28 January 1, 1998. For the purpose of determining the property
29 rights of any person under any instrument, the changes made
30 by this amendatory Act of 1997 apply to all instruments
31 executed on or after January 1, 1998.
32 (Source: P.A. 90-237, eff. 1-1-98.)