Full Text of HB2716 100th General Assembly
HB2716ham001 100TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/6/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2716
| 2 | | AMENDMENT NO. ______. Amend House Bill 2716 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Probate Act of 1975 is amended by changing | 5 | | Sections 4a-5 and 4a-10 as follows: | 6 | | (755 ILCS 5/4a-5) | 7 | | Sec. 4a-5. Definitions. As used in this Article: | 8 | | (1) "Caregiver" means a person who voluntarily, or in | 9 | | exchange for compensation, has assumed responsibility for all | 10 | | or a portion of the care of another person who needs assistance | 11 | | with activities of daily living. "Caregiver" includes a | 12 | | caregiver's spouse, cohabitant, child, or employee. | 13 | | "Caregiver" does not include a family member of the person | 14 | | receiving assistance. | 15 | | (2) "Family member" means a spouse, civil union partner, | 16 | | child, grandchild, sibling, aunt, uncle, niece, nephew, first |
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| 1 | | cousin, or parent of the person receiving assistance. | 2 | | (3) "Transfer instrument" means the legal document | 3 | | intended to effectuate a transfer effective on or after the | 4 | | transferor's death and includes, without limitation, a will, | 5 | | trust, transfer on death instrument, deed, form designated as | 6 | | payable on death, contract, or other beneficiary designation | 7 | | form. | 8 | | (4) "Transferee" means a legatee, a beneficiary of a trust, | 9 | | a grantee of a deed, or any other person designated in a | 10 | | transfer instrument to receive a nonprobate transfer. | 11 | | (5) "Transferor" means a testator, settlor, grantor of a | 12 | | deed, or a decedent whose interest is transferred pursuant to a | 13 | | nonprobate transfer.
| 14 | | (Source: P.A. 98-1093, eff. 1-1-15 .) | 15 | | (755 ILCS 5/4a-10) | 16 | | Sec. 4a-10. Presumption of void transfer. | 17 | | (a) In any civil action in which a transfer instrument is | 18 | | being challenged, there is a rebuttable presumption, except as | 19 | | provided in Section 4a-15, that the transfer instrument is void | 20 | | if the transferee is a caregiver and the fair market value of | 21 | | the transferred property exceeds $20,000. | 22 | | (b) Unless a shorter limitations period is required by | 23 | | Section 8-1 or 18-12 of this Act, any action under this Section | 24 | | shall be filed within 2 years of the date of death of the | 25 | | transferor.
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| 1 | | (c) If the property in question is an interest in real | 2 | | property, a bona fide purchaser or mortgagee for value and | 3 | | without notice, before the recordation of a lis pendens for an | 4 | | action under this Section, shall take free and clear of the | 5 | | action. | 6 | | (d) The holder of any property subject to this Article | 7 | | shall not be liable for distributing or releasing the property | 8 | | to the transferee if the distribution or release occurs prior | 9 | | to the holder being made a party to an action challenging the | 10 | | transfer. | 11 | | (Source: P.A. 98-1093, eff. 1-1-15 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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