Illinois General Assembly - Bill Status for HB5047
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 Bill Status of HB5047  101st General Assembly


Short Description:  PROBATE ACT TRANSFER CAREGIVER

House Sponsors
Rep. Emanuel Chris Welch

Senate Sponsors
(Sen. Don Harmon)

Last Action
DateChamber Action
  8/24/2018HousePublic Act . . . . . . . . . 100-1059

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


Synopsis As Introduced
Amends the Presumptively Void Transfers Article of the Probate Act of 1975. Includes a civil union partner within the scope of the term "family member" and includes a transfer on death instrument within the scope of the term "transfer instrument". Makes changes regarding the rebuttable presumption that a transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000. Provides that if the property in question is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property when the transfer is challenged. Effective immediately.

House Floor Amendment No. 1
Makes changes in the notice requirement for a holder of property that is a financial institution, trust company, or similar entity. Provides that liability does not attach for a transfer of property if the distribution occurs before the holder's registered agent receives notice that a complaint has been filed. Specifies that the notice must include a copy of the complaint.

Actions 
DateChamber Action
  2/14/2018HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  2/14/2018HouseFirst Reading
  2/14/2018HouseReferred to Rules Committee
  2/27/2018HouseAssigned to Judiciary - Civil Committee
  3/7/2018HouseTo Trusts & Estates Law Subcommittee
  4/10/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  4/10/2018HouseReported Back To Judiciary - Civil Committee;
  4/10/2018HouseDo Pass / Short Debate Judiciary - Civil Committee; 011-000-000
  4/10/2018HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  4/18/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/19/2018HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/25/2018HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 006-000-000
  4/25/2018HouseSecond Reading - Short Debate
  4/25/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2018HouseHouse Floor Amendment No. 1 Adopted
  4/27/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2018HouseThird Reading - Short Debate - Passed 104-000-000
  5/1/2018SenateArrive in Senate
  5/1/2018SenatePlaced on Calendar Order of First Reading
  5/1/2018SenateChief Senate Sponsor Sen. Don Harmon
  5/1/2018SenateFirst Reading
  5/1/2018SenateReferred to Assignments
  5/2/2018SenateAssigned to Judiciary
  5/9/2018SenateDo Pass Judiciary; 009-000-000
  5/9/2018SenatePlaced on Calendar Order of 2nd Reading May 10, 2018
  5/15/2018SenateSecond Reading
  5/15/2018SenatePlaced on Calendar Order of 3rd Reading May 16, 2018
  5/25/2018SenateRule 2-10 Third Reading Deadline Established As May 31, 2018
  5/29/2018SenateThird Reading - Passed; 056-000-000
  5/29/2018HousePassed Both Houses
  6/27/2018HouseSent to the Governor
  8/24/2018HouseGovernor Approved
  8/24/2018HouseEffective Date August 24, 2018
  8/24/2018HousePublic Act . . . . . . . . . 100-1059

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