Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

 Bill Status of HB2716  100th General Assembly


Short Description:  PRESUMPTIVELY VOID TRANSFERS

House Sponsors
Rep. Emanuel Chris Welch

Last Action
DateChamber Action
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
755 ILCS 5/4a-5
755 ILCS 5/4a-10
755 ILCS 5/4a-15
755 ILCS 5/4a-30


Synopsis As Introduced
Amends the Presumptively Void Transfers Article of the Probate Act of 1975. Replaces references to the term "transfer instrument" with "transfer". Changes the definitions of "family member" and "transfer". Provides that if the court determines the transferor lacked the requisite capacity to convey, the entire transfer instrument shall be deemed void. Provides that if the property in question is an interest in real property, a purchaser or mortgagee for value and without notice, before the recordation of a lis pendens for an action, shall take free and clear of the action. Provides that a holder of property shall not be liable for distributing or releasing the property to the transferee if the distribution or release occurs prior to the holder being made a party to an action challenging the transfer. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
755 ILCS 5/4a-15
755 ILCS 5/4a-30

Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: removes changes replacing references to the term "transfer instrument" with "transfer"; removes addition of step-children from the definition of "family member"; changes the definition of "transfer instrument"; removes language providing that if the court determines the transferor lacked the requisite capacity to convey, the entire transfer instrument shall be deemed void; and provides that the purchaser or mortgagee for value and without notice shall be a bona fide purchaser or mortgagee. Effective immediately.

Actions 
DateChamber Action
  2/8/2017HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  2/8/2017HouseFirst Reading
  2/8/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Judiciary - Civil Committee
  2/24/2017HouseTo Trusts & Estates Law Subcommittee
  3/6/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  3/6/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/8/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/29/2017HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  3/29/2017HouseReported Back To Judiciary - Civil Committee;
  3/29/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/29/2017HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee

Back To Top