98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5729

 

Introduced , by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/2-6.2a new

    Amends the Probate Act of 1975. Provides that if a person is shown by clear and convincing evidence to have financially exploited an elderly person or a person with a disability, any property, benefit, or other interest to which the person is entitled by reason of the death of the financially exploited decedent shall pass as if the person who committed the financial exploitation died before the decedent, except that, with respect to joint tenancy property, the interest possessed prior to the death by the person committing the financial exploitation shall not be diminished. Provides that a determination of financial exploitation may be made by any court of competent jurisdiction, separate and apart from any criminal proceeding arising from the financial exploitation, except that the civil proceeding may not proceed to trial nor may the person be required to submit to discovery in the civil proceeding until any criminal proceedings have been finally determined by the trial court or, if no criminal charge has been brought, prior to one year after the date of the decedent's death. Provides that the holder of property is not liable for distributing or releasing the property to the person committing financial exploitation if the distribution or release occurs prior to a determination made under the new provisions. Provides that if the holder of property knows or has reason to know that a potential beneficiary financially exploited a decedent, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation. Provides that a person financially exploits an elderly person or a person with a disability when he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.


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A BILL FOR

 

HB5729LRB098 17177 HEP 52265 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by adding
5Section 2-6.2a as follows:
 
6    (755 ILCS 5/2-6.2a new)
7    Sec. 2-6.2a. Person who financially exploited decedent.
8    (a) If a person is shown by clear and convincing evidence
9to have financially exploited an elderly person or a person
10with a disability, any property, benefit, or other interest to
11which the person is entitled by reason of the death of the
12financially exploited decedent shall pass as if the person who
13committed the financial exploitation died before the decedent,
14except that, with respect to joint tenancy property, the
15interest possessed prior to the death by the person committing
16the financial exploitation shall not be diminished by the
17application of this Section. A determination under this Section
18may be made by any court of competent jurisdiction, separate
19and apart from any criminal proceeding arising from the
20financial exploitation, except that the civil proceeding may
21not proceed to trial nor may the person be required to submit
22to discovery in the civil proceeding until any criminal
23proceedings have been finally determined by the trial court or,

 

 

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1if no criminal charge has been brought, prior to one year after
2the date of the decedent's death.
3    (b) The holder of any property subject to this Section is
4not liable for distributing or releasing the property to the
5person committing financial exploitation if the distribution
6or release occurs prior to a determination made under this
7Section.
8    (c) If the holder of property subject to this Section knows
9or has reason to know that a potential beneficiary financially
10exploited a decedent within the scope of this Section, the
11holder shall fully cooperate with law enforcement authorities
12and judicial officers in connection with any investigation of
13the financial exploitation.
14    (d) For purposes of this Section, a person financially
15exploits an elderly person or a person with a disability when
16he or she knowingly and by deception or intimidation obtains
17control over the property of an elderly person or a person with
18a disability or illegally uses the assets or resources of an
19elderly person or a person with a disability.