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 Bill Status of SB0883  100th General Assembly


Short Description:  PROBATE ACT-POSTHUMOUS CHILD

Senate Sponsors
Sen. John G. Mulroe

House Sponsors
(Rep. Kelly M. Burke )

Last Action
DateChamber Action
  8/11/2017SenatePublic Act . . . . . . . . . 100-0085

Statutes Amended In Order of Appearance
755 ILCS 5/2-2from Ch. 110 1/2, par. 2-2
755 ILCS 5/2-3from Ch. 110 1/2, par. 2-3


Synopsis As Introduced
Amends the Probate Act of 1975. Provides that for purposes of determining the rights to property passing upon the death of a decedent under any instrument or the intestacy rules of this State, unless a contrary intention is expressly stated in the instrument: (1) the decedent is a parent of a posthumous child in utero at the time of the decedent's death; and (2) if a decedent had consented in writing to be a parent of any child born of his or her gametes posthumously, and died before the insemination of the individual's gametes or embryo transfer, the decedent is a parent of any resulting child born within 36 months of the death of the decedent, but only if the holder of property subject to the instrument receives timely written notice, from a person to whom such consent applies that: (i) the decedent's gametes exist; and (ii) the person has the intent to use the gametes in a manner that could result in a child being born within 36 months of the death of the decedent. Provides that if the holder of the property does not receive the written notice, the holder of the property shall not be liable to the posthumously conceived child or any person claiming for or through the child for any property passing upon the death of the decedent. Contains applicability language.

Senate Committee Amendment No. 3
Replaces everything after the enacting clause. Amends the Probate Act of 1975. Provides that for purposes of the descent and distribution of property passing by intestate succession, a posthumous child of a decedent not in utero at the decedent's death is entitled to the same share of an estate as if the child had been born in wedlock during the decedent's lifetime only if specified conditions are met. Provides that the requirements impose no duty on the administrator of an estate to provide notice of death to any person and apply without regard to when any person receives notice of the decedent's death. Provides that for the purpose of determining the property rights of any person under any instrument: (1) a posthumous child of a decedent who is in utero at the decedent's death shall be treated as a child of the decedent unless the intent to exclude such child is demonstrated by the express terms of the instrument by clear and convincing evidence; and (2) a posthumous child of a decedent not in utero at the decedent's death shall not be treated as a child of the decedent unless specified conditions are met. Provides that the use in an instrument of terms such as "child", "children", "grandchild", "grandchildren", "descendants", and "issue", whether or not modified by phrases such as "biological", "genetic", "born to", or "of the body" shall not alone constitute clear and convincing evidence of an intent to include posthumous children not in utero at the decedent's death. Provides that an intent to exclude posthumous children not in utero at the decedent's death shall be presumed with respect to any instrument that does not address specifically how and when the class of posthumous children are to be determined with respect to each division or distribution provided for under the instrument as well as whose posthumous children are to be included and when a posthumous child has to be born to be considered a beneficiary with respect to a particular division or distribution. Provides that no fiduciary or other person shall be liable to any other person for any action taken or benefit received prior to the effective date of the amendatory Act that was based on a good faith interpretation of Illinois law regarding the right of posthumous children to take property by intestate succession or under an instrument. Contains applicability language.

Actions 
DateChamber Action
  2/7/2017SenateFiled with Secretary by Sen. John G. Mulroe
  2/7/2017SenateFirst Reading
  2/7/2017SenateReferred to Assignments
  2/8/2017SenateAssigned to Judiciary
  2/16/2017SenatePostponed - Judiciary
  3/1/2017SenatePostponed - Judiciary
  3/6/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  3/6/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2017SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John G. Mulroe
  3/7/2017SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/7/2017SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. John G. Mulroe
  3/7/2017SenateSenate Committee Amendment No. 3 Referred to Assignments
  3/8/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/14/2017SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  3/14/2017SenateSenate Committee Amendment No. 3 Assignments Refers to Judiciary
  3/14/2017SenateSenate Committee Amendment No. 3 Adopted
  3/15/2017SenateDo Pass as Amended Judiciary; 011-000-000
  3/15/2017SenatePlaced on Calendar Order of 2nd Reading March 16, 2017
  3/17/2017SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  3/17/2017SenateSenate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments
  3/30/2017SenateSecond Reading
  3/30/2017SenatePlaced on Calendar Order of 3rd Reading April 4, 2017
  4/26/2017SenateThird Reading - Passed; 056-000-000
  4/26/2017SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/26/2017SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  4/26/2017HouseArrived in House
  4/26/2017HouseChief House Sponsor Rep. Kelly M. Burke
  4/26/2017HouseFirst Reading
  4/26/2017HouseReferred to Rules Committee
  5/3/2017HouseAssigned to Judiciary - Civil Committee
  5/10/2017HouseTo Domestic Relations Law Subcommittee
  5/17/2017HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  5/17/2017HouseReported Back To Judiciary - Civil Committee;
  5/17/2017HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-000-000
  5/17/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/18/2017HouseSecond Reading - Short Debate
  5/18/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2017HouseThird Reading - Short Debate - Passed 099-000-000
  5/19/2017SenatePassed Both Houses
  6/16/2017SenateSent to the Governor
  8/11/2017SenateGovernor Approved
  8/11/2017SenateEffective Date January 1, 2018
  8/11/2017SenatePublic Act . . . . . . . . . 100-0085

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