Illinois General Assembly

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 Bill Status of HB1153  97th General Assembly


Short Description:  REAL PROP-TRANSFER ON DEATH

House Sponsors
Rep. John E. Bradley - Sidney H. Mathias - Patricia R. Bellock

Senate Sponsors
(Sen. A. J. Wilhelmi )

Last Action
DateChamber Action
  8/25/2011HousePublic Act . . . . . . . . . 97-0555

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Illinois Residential Real Property Transfer on Death Instrument Act. Defines terms. Provides the requirements for an owner to transfer residential real estate by a transfer on death instrument. Provides that a transfer on death instrument is a revocable nontestamentary instrument. Requires that an owner who makes or revokes a transfer on death instrument must have the same capacity as the capacity required to make a will. Provides that a transfer on death instrument must include the essential elements and formalities of a deed and be recorded in the recorder's office before the owner's death. Provides that a transfer on death instrument does not require notice, delivery, or consideration. Provides that revocation of a transfer on death instrument may be accomplished by another transfer on death instrument that revokes the instrument expressly or by an inconsistency which is recorded before the owner's death. Describes the effects that a transfer on death instrument does and does not have, during an owner's life. Provides that a beneficiary under a transfer on death instrument has, at the owner's death, the right to disclaim or refuse to accept the transfer. Provides for the manner of acceptance of a transfer by the beneficiary. Provides that a beneficiary of a transfer on death instrument is subject to the claims of creditors and statutory claimants to the same extent as a beneficiary of any nontestamentary transfer. Describes applicable statute of limitations to contest the validity of a transfer on death instrument. Provides that the preparation of a transfer on death instrument or its revocation is the practice of law. Provides a statutory form for a notice of death affidavit and acceptance of a transfer on death instrument.

Senate Committee Amendment No. 1
Further amends the Illinois Residential Real Property Transfer on Death Act. Provides that the failure to comply with any of the requirements for a transfer on death instrument renders the instrument void. Provides that if a beneficiary under a transfer on death instrument does not file a notice of death certificate and acceptance within 30 days, the personal representative of the owner's estate may, with notice to the beneficiary, take possession of the residential real estate as part of the deceased owner's estate. Provides that a transfer on death instrument is void if a notice of death affidavit and acceptance is not filed within 2 years after the owner's death. Provides that a transfer on death instrument or its revocation shall be prepared by an Illinois licensed attorney, but an owner may prepare his or her own transfer on death instrument or revocation (instead of a non-attorney who prepares or supervises the execution of an instrument or revocation is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act). Makes other changes.

Actions 
DateChamber Action
  2/8/2011HouseFiled with the Clerk by Rep. John E. Bradley
  2/8/2011HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  2/8/2011HouseFirst Reading
  2/8/2011HouseReferred to Rules Committee
  2/14/2011HouseAssigned to Judiciary I - Civil Law Committee
  2/22/2011HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/9/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/9/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2011HouseSecond Reading - Short Debate
  3/17/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/15/2011HouseThird Reading - Short Debate - Passed 099-005-000
  4/22/2011SenateArrive in Senate
  4/22/2011SenatePlaced on Calendar Order of First Reading May 3, 2011
  4/25/2011SenateChief Senate Sponsor Sen. A. J. Wilhelmi
  4/27/2011SenateFirst Reading
  4/27/2011SenateReferred to Assignments
  5/4/2011SenateAssigned to Judiciary
  5/6/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  5/6/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/10/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/10/2011SenateSenate Committee Amendment No. 1 Adopted
  5/10/2011SenateDo Pass as Amended Judiciary; 008-000-000
  5/10/2011SenatePlaced on Calendar Order of 2nd Reading May 11, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/17/2011SenateThird Reading - Passed; 055-000-002
  5/17/2011HouseArrived in House
  5/17/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/17/2011HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. John E. Bradley
  5/17/2011HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2011HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/29/2011HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
  5/31/2011HouseSenate Committee Amendment No. 1 House Concurs 100-016-000
  5/31/2011HousePassed Both Houses
  6/9/2011HouseSent to the Governor
  8/25/2011HouseGovernor Approved
  8/25/2011HouseEffective Date January 1, 2012
  8/25/2011HousePublic Act . . . . . . . . . 97-0555

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