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Public Act 92-0288
HB2220 Enrolled LRB9205825WHcs
AN ACT concerning rights and remedies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wrongful Death Act is amended by changing
Section 2.1 as follows:
(740 ILCS 180/2.1) (from Ch. 70, par. 2.1)
Sec. 2.1. In the event that the only asset of the
deceased estate is a cause of action arising under this Act,
and no petition for letters of office for his or her estate
has been filed, the court, upon motion of any person who
would be entitled to a recovery under this Act, and after
such notice to the party's heirs or legatees as the court
directs, and without opening of an estate, may appoint a
special administrator for the deceased party for the purpose
of prosecuting or defending the action. If there is more than
one special administrator appointed and one of the
administrators is a corporation qualified to act as a
representative of the estate of a decedent and if the
compensation of the attorney or attorneys representing the
special administrators is solely determined under a
contingent fee arrangement, then upon petition and approval
by the court, the special administrator which is a
corporation shall not participate in or have any duty to
review the prosecution of the action, to participate in or
review the appropriateness of any settlement of the action,
or to participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
If a judgment is entered or the action is settled in
favor of the special administrator, he or she shall
distribute the proceeds as provided by law, except that if
proceeds in excess of $5,000 are distributable to a minor or
person under legal disability, the court shall allow
disbursements and fees to the special administrator and his
or her attorney and the balance shall be administered and
distributed under the supervision of the probate division of
the court if the circuit court has a probate division.
(Source: P.A. 87-435; 87-1260.)
Section 10. The Probate Act of 1975 is amended by adding
Section 19-14 as follows:
(755 ILCS 5/19-14 new)
Sec. 19-14. Administrator or executor; legal proceeding;
participation. If there is more than one administrator or
executor of a decedent's estate and one of the administrators
or executors is a corporation qualified to act as a
representative of the estate of a decedent and if the
administrators or executors of the decedent's estate appear
for and represent the estate in a legal proceeding in which
the compensation of the attorney or attorneys representing
the administrators or executors is solely determined under a
contingent fee arrangement, then upon petition and approval
by the court, the administrator or executor of the decedent's
estate which is a corporation shall not participate in or
have any duty to review the prosecution of the action, to
participate in or review the appropriateness of any
settlement of the action, or to participate in or review any
determination of the appropriateness of any fees awarded to
the attorney or attorneys employed in the prosecution of the
action.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 17, 2001.
Approved August 09, 2001.
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