Illinois General Assembly

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 Bill Status of HB5282  96th General Assembly


Short Description:  REAL PROP-TENANCY ENTIRTY-TRST

House Sponsors
Rep. Michael G. Connelly

Senate Sponsors
(Sen. Dan Cronin )

Last Action
DateChamber Action
  7/21/2010HousePublic Act . . . . . . . . . 96-1145

Statutes Amended In Order of Appearance
735 ILCS 5/12-112from Ch. 110, par. 12-112
765 ILCS 1005/1cfrom Ch. 76, par. 1c


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that any real property, or any beneficial interest in a land trust, or any interest in real property held in a revocable living trust created for estate planning purposes, held in tenancy by the entirety shall not be liable to be sold upon judgment (instead of any real property or any beneficial interest in a land trust, held in tenancy by the entirety shall not be liable to be sold upon judgment). Amends the Joint Tenancy Act. Provides that where the homestead is maintained in a revocable living trust created for estate planning purposes by both husband and wife, the husband and wife are the primary beneficiaries of the trust, and the terms of the trust specifically state that the interests of the beneficiaries to the homestead property are held as tenants by the entirety, the estate created is a tenancy by the entirety.

House Committee Amendment No. 1
In the language amending the Code of Civil Procedure, changes a reference to "revocable inter vivos trust" to also include "revocable inter vivos trusts". Replaces the language amending the Joint Tenancy Act with language providing that where a homestead is held in the name or names of a trustee or trustees of a revocable inter vivos trust or of revocable inter vivos trusts made by the settlors of the trust or trusts who are husband and wife, and the husband and wife are the primary beneficiaries of one or both of the trusts, and the deed or deeds conveying title to the homestead to the trustee or trustees of the trust or trusts specifically state that the interests of the husband and wife to the homestead property are to be held as tenants by the entirety, the estate created is deemed to be a tenancy by the entirety.

Actions 
DateChamber Action
  2/3/2010HouseFiled with the Clerk by Rep. Michael G. Connelly
  2/3/2010HouseFirst Reading
  2/3/2010HouseReferred to Rules Committee
  2/9/2010HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/24/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/24/2010HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 013-000-001
  2/24/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2010HouseSecond Reading - Short Debate
  3/10/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2010HouseThird Reading - Short Debate - Passed 115-000-000
  3/23/2010SenateArrive in Senate
  3/23/2010SenatePlaced on Calendar Order of First Reading March 24, 2010
  3/23/2010SenateChief Senate Sponsor Sen. Dan Cronin
  3/24/2010SenateFirst Reading
  3/24/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/14/2010SenatePostponed - Judiciary
  4/20/2010SenateDo Pass Judiciary; 008-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/21/2010SenateSecond Reading
  4/21/2010SenatePlaced on Calendar Order of 3rd Reading April 22, 2010
  4/29/2010SenateThird Reading - Passed; 057-000-000
  4/29/2010HousePassed Both Houses
  5/28/2010HouseSent to the Governor
  7/21/2010HouseGovernor Approved
  7/21/2010HouseEffective Date January 1, 2011
  7/21/2010HousePublic Act . . . . . . . . . 96-1145

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