(225 ILCS 45/4a)
Investment of funds.
(a) A trustee has a duty to invest and manage the trust assets pursuant to the Prudent Investor Rule under the Trusts and Trustees Act.
(b) The trust shall be a single-purpose trust fund. In the event of the
seller's bankruptcy, insolvency or assignment for the benefit of creditors, or
an adverse judgment, the trust funds shall not be available to any creditor as
assets of the seller or to pay any expenses of any bankruptcy or similar
proceeding, but shall be distributed to the purchasers or managed for their
benefit by the trustee holding the funds. Except in an action by the
Comptroller to revoke a license issued pursuant
to this Act and for creation of a receivership as provided in this Act, the
trust shall not be subject to judgment, execution, garnishment, attachment,
or other seizure by process in bankruptcy or otherwise, nor to sale, pledge,
mortgage, or other alienation, and shall not be assignable except as
approved by the Comptroller. The changes made by Public Act 91-7 are intended to clarify existing law regarding the
inability of licensees to pledge the trust.
(c) Because it is not known at the time of deposit or at the time that
income is earned on the trust account to whom the principal and the accumulated
earnings will be distributed for the purpose of determining the Illinois income
tax due on these trust funds, the principal and any accrued earnings or losses
related to each individual account shall be held in suspense until the final
determination is made as to whom the account shall be paid. The beneficiary's
estate shall not be responsible for any funeral and burial purchases listed in
a pre-need contract if the pre-need contract is entered into on a guaranteed
If a pre-need contract is not a guaranteed price contract, then to the extent
the proceeds of a non-guaranteed price pre-need contract cover the funeral and
burial expenses for the beneficiary, no claim may be made against the estate of
the beneficiary. A claim may be made against the beneficiary's estate if the
charges for the funeral services and merchandise at the time of use exceed the
amount of the amount in trust plus the percentage of the sale proceeds
initially retained by the seller or the face value of the life insurance policy
or tax-deferred annuity.
(Source: P.A. 96-879, eff. 2-2-10.)