Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0478


 

Public Act 0478 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0478
 
HB2516 EnrolledLRB100 05668 HEP 15685 b

    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 changing
Sections 15-1 and 15-2 as follows:
 
    (755 ILCS 5/15-1)  (from Ch. 110 1/2, par. 15-1)
    Sec. 15-1. Spouse's award.
    (a) The surviving spouse of a deceased resident of this
State whose estate, whether testate or intestate, is
administered in this State, shall be allowed as the surviving
spouse's own property, exempt from the enforcement of a
judgment, garnishment or attachment in the possession of the
representative, a sum of money that the court deems reasonable
for the proper support of the surviving spouse for the period
of 9 months after the death of the decedent in a manner suited
to the condition in life of the surviving spouse and to the
condition of the estate and an additional sum of money that the
court deems reasonable for the proper support, during that
period, of minor and adult dependent children of the decedent
who resided reside with the surviving spouse at the time of the
decedent's death. The award may in no case be less than
$20,000, together with an additional sum not less than $10,000
for each such child. The award shall be paid to the surviving
spouse at such time or times, not exceeding 3 installments, as
the court directs. If the surviving spouse dies before the
award for his support is paid in full, the amount unpaid shall
be paid to his estate. If the surviving spouse dies or abandons
a child before the award for the support of a child is paid in
full, the amount unpaid shall be paid for the benefit of the
child to such person as the court directs.
    (a-5) The surviving spouse of a deceased resident of this
State whose estate, whether testate or intestate, is
administered in this State, shall be allowed as the surviving
spouse's own property, exempt from the enforcement of a
judgment, garnishment, or attachment in the possession of the
representative, for each adult child of the decedent who is
likely to become a public charge and was financially dependent
on the decedent and resided with the surviving spouse at the
time of the decedent's death, a sum of money that the court
deems reasonable, or agreed upon by the surviving spouse and
representative of the decedent's estate or affiant under a
small estate affidavit pursuant to Section 25-1, for the proper
support of the adult child for the period of 9 months after the
death of the decedent in a manner suited to the condition in
life of the adult child of the decedent and to the condition of
the estate. The award shall be at least $5,000 for each such
adult child and shall otherwise be consistent with the
financial support that the decedent was providing the adult
child immediately prior to the decedent's death. The award
shall be paid to the surviving spouse at such time or times,
not exceeding 3 installments, as the court directs. If the
surviving spouse dies or abandons an adult child before the
award for the support of an adult child is paid in full, the
amount unpaid shall be paid for the benefit of the adult child
to such person as the court directs. Within 30 days of the
surviving spouse or adult child receiving written notice of
this potential award from the representative of the decedent's
estate or from the affiant under a small estate affidavit
pursuant to Section 25-1, the surviving spouse or the adult
child, or the adult child's agent or guardian or other adult on
behalf of the adult child, shall provide written notice to the
representative or affiant asserting that the adult child was
financially dependent on the decedent at the time of the
decedent's death. Failure to provide written notice to the
representative or affiant within 30 days after receiving notice
from the representative or affiant shall be a bar to the right
to receive the award. The notice by the representative may be
combined with the notices given pursuant to Sections 6-21 and
8-1.
    (b) The surviving spouse is entitled to the award unless
the will of the decedent expressly provides that the provisions
thereof for the surviving spouse are in lieu of the award and
the surviving spouse does not renounce the will.
    (c) The changes made by Public Act 96-968 this amendatory
Act of the 96th General Assembly apply to a decedent whose date
of death is on or after July 2, 2010 (the effective date of
Public Act 96-968). The changes to this Section made by this
amendatory Act of the 100th General Assembly apply to a
decedent whose date of death is on or after the effective date
of this amendatory Act of the 100th General Assembly this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-968, eff. 7-2-10.)
 
    (755 ILCS 5/15-2)  (from Ch. 110 1/2, par. 15-2)
    Sec. 15-2. Child's award.
    (a) If a minor or adult dependent child of the decedent
does not reside with the surviving spouse of the decedent at
the time of the decedent's death, there shall be allowed to
that child, exempt from the enforcement of a judgment,
garnishment or attachment in the possession of the
representative, a sum of money that the court deems reasonable
for the proper support of the child for the period of 9 months
after the death of the decedent, in a manner suited to the
condition in life of the minor child and to the condition of
the estate. The award may in no case be less than $10,000 and
shall be paid for the benefit of the child to such person as
the court directs.
    (b) If a deceased resident of this State leaves no
surviving spouse, there shall be allowed to all children of the
decedent who were minors at the date of death and all adult
dependent children, exempt from the enforcement of a judgment,
garnishment or attachment in the possession of the
representative, a sum of money that the court deems reasonable
for the proper support of those children for the period of 9
months after the death of the decedent in a manner suited to
the condition in life of those children and to the condition of
the estate. The award may in no case be less than $10,000 for
each of those children, together with an additional sum not
less than $20,000 that shall be divided equally among those
children or apportioned as the court directs and that shall be
paid for the benefit of any of those children to any person
that the court directs.
    (b-5) If an adult child of the decedent is likely to become
a public charge and was financially dependent on the decedent
at the time of the decedent's death, and if the adult child of
the decedent did not reside with the surviving spouse of the
decedent at the time of the decedent's death, there shall be
allowed to that adult child, exempt from the enforcement of a
judgment, garnishment, or attachment in the possession of the
representative, a sum of money that the court deems reasonable,
or agreed upon by the surviving spouse and representative of
the decedent's estate or affiant under a small estate affidavit
pursuant to Section 25-1, for the proper support of the adult
child for the period of 9 months after the death of the
decedent, in a manner suited to the condition of life of the
adult child and to the condition of the estate. The award shall
be at least $5,000 and shall otherwise be consistent with the
financial support that the decedent was providing the adult
child immediately prior to the decedent's death. The award
shall be paid for the benefit of the adult child to such person
as the court or affiant under a small estate affidavit pursuant
to Section 25-1 directs. Within 30 days after receiving written
notice of this potential award from the representative of the
decedent's estate or from the affiant under a small estate
affidavit pursuant to Section 25-1, the adult child, or the
adult child's agent or guardian or other adult on behalf of the
adult child, shall provide written notice to the representative
or affiant, asserting that the adult child was financially
dependent on the decedent at the time of the decedent's death
and that the adult child did not reside with the surviving
spouse at the time of the decedent's death. Failure to provide
such written notice to the representative or affiant within 30
days after receiving notice from the representative or affiant
shall be a bar to the right to receive the award. The notice by
the representative may be combined with the notices given
pursuant to Sections 6-21 and 8-1.
    (c) The changes made by Public Act 96-968 this amendatory
Act of the 96th General Assembly apply to a decedent whose date
of death is on or after July 2, 2010 (the effective date of
Public Act 96-968). The changes to this Section made by this
amendatory Act of the 100th General Assembly apply to a
decedent whose date of death is on or after the effective date
of this amendatory Act of the 100th General Assembly this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-968, eff. 7-2-10.)

Effective Date: 6/1/2018