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92nd General Assembly

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Public Act 92-0285

HB1051 Enrolled                                LRB9206833JSpc

    AN ACT concerning payable on death accounts.

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

    Section  5.  The  Illinois  Trust  and  Payable  on Death
Accounts Act is amended by  changing  Sections  2  and  4  as
follows:

    (205 ILCS 625/2) (from Ch. 17, par. 2132)
    Sec. 2.  Definitions.  As used in this Act, the following
words have the meanings ascribed to them as set forth herein:
    (a)  "Institution"   includes  any  bank  as  defined  in
Section 2 of the "Illinois Banking  Act",  approved  May  11,
1955,  as  amended,  any  association  as  defined in Section
1-10.03 of the "Illinois Savings and Loan Act", approved July
5, 1955, as amended, any insured savings bank as  defined  in
Section  1007.75 of the Savings Bank Act, or any credit union
as defined in Section 1.1 of the "Illinois Credit Union Act",
approved August 30, 1979, as  amended,  and  similar  federal
institutions.
    (b)  "Account" includes any account, deposit, certificate
of  deposit,  withdrawable  capital  account  or credit union
share in any institution.
(Source: P.A. 84-461.)

    (205 ILCS 625/4) (from Ch. 17, par. 2134)
    Sec. 4.  Payable on Death Account Incidents.  If  one  or
more  persons  a  person  opening  or holding an account sign
signs an agreement with the institution providing that on the
death of the last surviving person designated as  holder  the
account  shall  be  paid  to  or  held  by  another person or
persons, the account, and any balance  therein  which  exists
from  time  to  time,  shall  be  held  as a payment on death
account and unless otherwise agreed in  writing  between  the
person  or  persons  opening  or  holding the account and the
institution:
    (a)  Any The holder during his or her lifetime may change
any of the designated persons to own the account at  the  his
or  her  death  of  the  last  surviving  holder  without the
knowledge  or  consent  of  any  other  holder  or  the  said
designated persons by a written instrument  accepted  by  the
institution;
    (b)  Any  The  holder may make additional deposits to and
withdraw any part or all of the account at any  time  without
the   knowledge  or  consent  of  any  other  holder  or  the
designated person or persons to own the account at the his or
her death of the last surviving holder, subject to the bylaws
and regulations of the institution, and all withdrawals shall
constitute a revocation of the agreement  as  to  the  amount
withdrawn; and
    (c)  Upon  the  death of the last surviving holder of the
account, the person so designated to  be  the  owner  of  the
account  who  is  then  living shall be the sole owner of the
account, unless more than one person  is  so  designated  and
then  living  in which case those said persons shall hold the
account in equal shares as tenants in common with no right of
survivorship  as  between  those  persons.   If   no   person
designated  as  the  owner of the account on the death of the
last surviving holder is then living, the proceeds shall vest
in the estate of the last surviving holder of the account.
(Source: P.A. 84-461.)
    Passed in the General Assembly May 17, 2001.
    Approved August 09, 2001.

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