HB5729 98TH GENERAL ASSEMBLY

LRB098 17177 HEP 52265 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5729

Introduced , by Rep. Emily McAsey

SYNOPSIS AS INTRODUCED:

755 ILCS 5/2-6.2a new

Amends the Probate Act of 1975. Provides that if a person is shown by clear and convincing evidence to have financially exploited an elderly person or a person with a disability, any property, benefit, or other interest to which the person is entitled by reason of the death of the financially exploited decedent shall pass as if the person who committed the financial exploitation died before the decedent, except that, with respect to joint tenancy property, the interest possessed prior to the death by the person committing the financial exploitation shall not be diminished. Provides that a determination of financial exploitation may be made by any court of competent jurisdiction, separate and apart from any criminal proceeding arising from the financial exploitation, except that the civil proceeding may not proceed to trial nor may the person be required to submit to discovery in the civil proceeding until any criminal proceedings have been finally determined by the trial court or, if no criminal charge has been brought, prior to one year after the date of the decedent's death. Provides that the holder of property is not liable for distributing or releasing the property to the person committing financial exploitation if the distribution or release occurs prior to a determination made under the new provisions. Provides that if the holder of property knows or has reason to know that a potential beneficiary financially exploited a decedent, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation. Provides that a person financially exploits an elderly person or a person with a disability when he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probate Act of 1975 is amended by adding Section 2-6.2a as follows:

(755 ILCS 5/2-6.2a new)

Sec. 2-6.2a. Person who financially exploited decedent.

(a) If a person is shown by clear and convincing evidence to have financially exploited an elderly person or a person with a disability, any property, benefit, or other interest to which the person is entitled by reason of the death of the financially exploited decedent shall pass as if the person who committed the financial exploitation died before the decedent, except that, with respect to joint tenancy property, the interest possessed prior to the death by the person committing the financial exploitation shall not be diminished by the application of this Section. A determination under this Section may be made by any court of competent jurisdiction, separate and apart from any criminal proceeding arising from the financial exploitation, except that the civil proceeding may not proceed to trial nor may the person be required to submit to discovery in the civil proceeding until any criminal proceedings have been finally determined by the trial court or, if no criminal charge has been brought, prior to one year after the date of the decedent's death.

(b) The holder of any property subject to this Section is not liable for distributing or releasing the property to the person committing financial exploitation if the distribution or release occurs prior to a determination made under this Section.

(c) If the holder of property subject to this Section knows or has reason to know that a potential beneficiary financially exploited a decedent within the scope of this Section, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation.

(d) For purposes of this Section, a person financially exploits an elderly person or a person with a disability when he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.