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90_SB1755
755 ILCS 5/2-2 from Ch. 110 1/2, par. 2-2
Amends the Probate Act of 1975. In the provisions for
inheritance after the death of an illegitimate child, changes
who may inherit from the illegitimate child from spouses,
descendants, and maternal ancestors and their descendants, to
spouses, descendants, and the eligible parent and that
parent's ancestors and their descendants. Defines an
eligible parent as a parent of the decedent who, 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.
Provides that if both parents are eligible parents or if
neither parent is an eligible parent, inheritance shall be
determined under the general rules of descent and
distribution. Provides that the changes made by this
amendatory Act of 1998 apply to all decedents who die on or
after the effective date of this amendatory Act of 1998 and
to all instruments executed on or after the effective date of
this amendatory Act of 1998. Effective immediately.
LRB9011678SMdv
LRB9011678SMdv
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 provided in
14 Section 2-1 if both parents are eligible parents. As used in
15 this Section, "eligible parent" means a parent of the
16 decedent who, during the decedent's lifetime, acknowledged
17 the decedent as the parent's child, established a parental
18 relationship with the decedent, and supported the decedent as
19 the parent's child. "Eligible parent" does not mean a parent
20 who abandoned a decedent if that abandonment continued until
21 the decedent's death.
22 If neither parent is an eligible parent, the intestate
23 real and personal estate of a resident decedent who was
24 illegitimate at the time of death and the intestate real
25 estate in this State of a nonresident decedent who was
26 illegitimate at the time of death, after all just claims
27 against his or her estate are fully paid, descends and shall
28 be distributed as provided in Section 2-1, but the parents of
29 the decedent shall be treated as having predeceased the
30 decedent.
31 If only one parent is an eligible parent, the intestate
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1 real and personal estate of a resident decedent who was
2 illegitimate at the time of death and the intestate real
3 estate in this State of a nonresident decedent who was
4 illegitimate at the time of death, after all just claims
5 against his or her estate are fully paid, descends and shall
6 be distributed as follows:
7 (a) If there is a surviving spouse and also a descendant
8 of the decedent: 1/2 of the entire estate to the surviving
9 spouse and 1/2 to the decedent's descendants per stirpes.
10 (b) If there is no surviving spouse but a descendant of
11 the decedent: the entire estate to the decedent's
12 descendants per stirpes.
13 (c) If there is a surviving spouse but no descendant of
14 the decedent: the entire estate to the surviving spouse.
15 (d) If there is no surviving spouse or descendant but
16 the eligible parent mother or a descendant of the eligible
17 parent mother of the decedent: the entire estate to the
18 eligible parent mother and the eligible parent's her
19 descendants, allowing 1/2 to the eligible parent mother and
20 1/2 to the eligible parent's her descendants per stirpes.
21 (e) If there is no surviving spouse, descendant,
22 eligible parent, mother or descendant of the eligible parent
23 mother of the decedent, but a maternal grandparent on the
24 eligible parent's side of the family or descendant of such a
25 maternal grandparent of the decedent: the entire estate to
26 the decedent's maternal grandparents on the eligible parent's
27 side of the family in equal parts, or to the survivor of
28 them, or if there is none surviving, to their descendants per
29 stirpes.
30 (f) If there is no surviving spouse, descendant,
31 eligible parent mother, descendant of the eligible parent
32 mother, maternal grandparent on the eligible parent's side of
33 the family, or descendant of such a maternal grandparent of
34 the decedent: the entire estate to the decedent's maternal
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1 great-grandparents on the eligible parent's side of the
2 family in equal parts or to the survivor of them, or if there
3 is none surviving, to their descendants per stirpes.
4 (g) If there is no surviving spouse, descendant,
5 eligible parent mother, descendant of the eligible parent
6 mother, maternal grandparent on the eligible parent's side of
7 the family, descendant of such a maternal grandparent,
8 maternal great-grandparent on the eligible parent's side of
9 the family, or descendant of such a maternal
10 great-grandparent of the decedent: the entire estate in
11 equal parts to the nearest kindred of the eligible parent
12 mother of the decedent in equal degree (computing by the
13 rules of the civil law) and without representation.
14 (h) If there is no surviving spouse, descendant, or
15 eligible parent mother of the decedent and no known kindred
16 of the eligible parent mother of the decedent: the real
17 estate escheats to the county in which it is located; the
18 personal estate physically located within this State and the
19 personal estate physically located or held outside this State
20 which is the subject of ancillary administration within this
21 State escheats to the county of which the decedent was a
22 resident or, if the decedent was not a resident of this
23 State, to the county in which it is located; all other
24 personal property of the decedent of every class and
25 character, wherever situate, or the proceeds thereof, shall
26 escheat to this State and be delivered to the Director of
27 Financial Institutions of this State pursuant to the Uniform
28 Disposition of Unclaimed Property Act.
29 For purposes of inheritance, the changes made by this
30 amendatory Act of 1998 apply to all decedents who die on or
31 after the effective date of this amendatory Act of 1998. For
32 the purpose of determining the property rights of any person
33 under any instrument, the changes made by this amendatory Act
34 of 1998 apply to all instruments executed on or after the
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1 effective date of this amendatory Act of 1998.
2 An illegitimate person is heir of his mother and of any
3 maternal ancestor and of any person from whom his mother
4 might have inherited, if living; and the descendants of an
5 illegitimate person shall represent such person and take by
6 descent any estate which the parent would have taken, if
7 living. If a decedent has acknowledged paternity of an
8 illegitimate person or if during his lifetime or after his
9 death a decedent has been adjudged to be the father of an
10 illegitimate person, that person is heir of his father and of
11 any paternal ancestor and of any person from whom his father
12 might have inherited, if living; and the descendants of an
13 illegitimate person shall represent that person and take by
14 descent any estate which the parent would have taken, if
15 living. If during his lifetime the decedent was adjudged to
16 be the father of an illegitimate person by a court of
17 competent jurisdiction, an authenticated copy of the judgment
18 is sufficient proof of the paternity; but in all other cases
19 paternity must be proved by clear and convincing evidence. A
20 person who was illegitimate whose parents intermarry and who
21 is acknowledged by the father as the father's child is
22 legitimate. After an illegitimate person is adopted, that
23 person's relationship to his or her adopting and natural
24 parents shall be governed by Section 2-4 of this Act. For
25 purposes of inheritance, the changes made by this amendatory
26 Act of 1997 apply to all decedents who die on or after
27 January 1, 1998. For the purpose of determining the property
28 rights of any person under any instrument, the changes made
29 by this amendatory Act of 1997 apply to all instruments
30 executed on or after January 1, 1998.
31 (Source: P.A. 90-237, eff. 1-1-98.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.