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90_SB1755ren
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
SB1755 Enrolled 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, subject to Section 2-6.5 of this Act, if both
15 parents are eligible parents. As used in this Section,
16 "eligible parent" means a parent of the decedent who, during
17 the decedent's lifetime, acknowledged the decedent as the
18 parent's child, established a parental relationship with the
19 decedent, and supported the decedent as the parent's child.
20 "Eligible parents" who are in arrears of in excess of one
21 year's child support obligations shall not receive any
22 property benefit or other interest of the decedent unless and
23 until a court of competent jurisdiction makes a determination
24 as to the effect on the deceased of the arrearage and allows
25 a reduced benefit. In no event shall the reduction of the
26 benefit or other interest be less than the amount of child
27 support owed for the support of the decedent at the time of
28 death. The court's considerations shall include but are not
29 limited to the considerations in subsections (1) through (3)
30 of Section 2-6.5 of this Act.
31 If neither 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 provided in Section 2-1, but the parents of
7 the decedent shall be treated as having predeceased the
8 decedent.
9 If only one parent is an eligible parent, the intestate
10 real and personal estate of a resident decedent who was
11 illegitimate at the time of death and the intestate real
12 estate in this State of a nonresident decedent who was
13 illegitimate at the time of death, after all just claims
14 against his or her estate are fully paid, subject to Section
15 2-6.5 of this Act, descends and shall be distributed as
16 follows:
17 (a) If there is a surviving spouse and also a descendant
18 of the decedent: 1/2 of the entire estate to the surviving
19 spouse and 1/2 to the decedent's descendants per stirpes.
20 (b) If there is no surviving spouse but a descendant of
21 the decedent: the entire estate to the decedent's
22 descendants per stirpes.
23 (c) If there is a surviving spouse but no descendant of
24 the decedent: the entire estate to the surviving spouse.
25 (d) If there is no surviving spouse or descendant but
26 the eligible parent mother or a descendant of the eligible
27 parent mother of the decedent: the entire estate to the
28 eligible parent mother and the eligible parent's her
29 descendants, allowing 1/2 to the eligible parent mother and
30 1/2 to the eligible parent's her descendants per stirpes.
31 (e) If there is no surviving spouse, descendant,
32 eligible parent, mother or descendant of the eligible parent
33 mother of the decedent, but a maternal grandparent on the
34 eligible parent's side of the family or descendant of such a
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1 maternal grandparent of the decedent: the entire estate to
2 the decedent's maternal grandparents on the eligible parent's
3 side of the family in equal parts, or to the survivor of
4 them, or if there is none surviving, to their descendants per
5 stirpes.
6 (f) If there is no surviving spouse, descendant,
7 eligible parent mother, descendant of the eligible parent
8 mother, maternal grandparent on the eligible parent's side of
9 the family, or descendant of such a maternal grandparent of
10 the decedent: the entire estate to the decedent's maternal
11 great-grandparents on the eligible parent's side of the
12 family in equal parts or to the survivor of them, or if there
13 is none surviving, to their descendants per stirpes.
14 (g) If there is no surviving spouse, descendant,
15 eligible parent mother, descendant of the eligible parent
16 mother, maternal grandparent on the eligible parent's side of
17 the family, descendant of such a maternal grandparent,
18 maternal great-grandparent on the eligible parent's side of
19 the family, or descendant of such a maternal
20 great-grandparent of the decedent: the entire estate in
21 equal parts to the nearest kindred of the eligible parent
22 mother of the decedent in equal degree (computing by the
23 rules of the civil law) and without representation.
24 (h) If there is no surviving spouse, descendant, or
25 eligible parent mother of the decedent and no known kindred
26 of the eligible parent mother of the decedent: the real
27 estate escheats to the county in which it is located; the
28 personal estate physically located within this State and the
29 personal estate physically located or held outside this State
30 which is the subject of ancillary administration within this
31 State escheats to the county of which the decedent was a
32 resident or, if the decedent was not a resident of this
33 State, to the county in which it is located; all other
34 personal property of the decedent of every class and
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1 character, wherever situate, or the proceeds thereof, shall
2 escheat to this State and be delivered to the Director of
3 Financial Institutions of this State pursuant to the Uniform
4 Disposition of Unclaimed Property Act.
5 For purposes of inheritance, the changes made by this
6 amendatory Act of 1998 apply to all decedents who die on or
7 after the effective date of this amendatory Act of 1998. For
8 the purpose of determining the property rights of any person
9 under any instrument, the changes made by this amendatory Act
10 of 1998 apply to all instruments executed on or after the
11 effective date of this amendatory Act of 1998.
12 An illegitimate person is heir of his mother and of any
13 maternal ancestor and of any person from whom his mother
14 might have inherited, if living; and the descendants of an
15 illegitimate person shall represent such person and take by
16 descent any estate which the parent would have taken, if
17 living. If a decedent has acknowledged paternity of an
18 illegitimate person or if during his lifetime or after his
19 death a decedent has been adjudged to be the father of an
20 illegitimate person, that person is heir of his father and of
21 any paternal ancestor and of any person from whom his father
22 might have inherited, if living; and the descendants of an
23 illegitimate person shall represent that person and take by
24 descent any estate which the parent would have taken, if
25 living. If during his lifetime the decedent was adjudged to
26 be the father of an illegitimate person by a court of
27 competent jurisdiction, an authenticated copy of the judgment
28 is sufficient proof of the paternity; but in all other cases
29 paternity must be proved by clear and convincing evidence. A
30 person who was illegitimate whose parents intermarry and who
31 is acknowledged by the father as the father's child is
32 legitimate. After an illegitimate person is adopted, that
33 person's relationship to his or her adopting and natural
34 parents shall be governed by Section 2-4 of this Act. For
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1 purposes of inheritance, the changes made by this amendatory
2 Act of 1997 apply to all decedents who die on or after
3 January 1, 1998. For the purpose of determining the property
4 rights of any person under any instrument, the changes made
5 by this amendatory Act of 1997 apply to all instruments
6 executed on or after January 1, 1998.
7 (Source: P.A. 90-237, eff. 1-1-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.