Full Text of SB0163 99th General Assembly
SB0163sam001 99TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 9/2/2015
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| 1 | | AMENDMENT TO SENATE BILL 163
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 163 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 16-1 as follows:
| 6 | | (755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
| 7 | | (Text of Section before amendment by P.A. 99-93 )
| 8 | | Sec. 16-1.
Citation on behalf of estate. )
| 9 | | (a) Upon the filing of a
petition therefor by the | 10 | | representative or by any other person
interested in the estate | 11 | | or, in the case of an estate of a ward by any other
person, the | 12 | | court shall order a citation to
issue for the appearance before | 13 | | it of any person whom the petitioner
believes (1) to have | 14 | | concealed, converted or embezzled or to have in his
possession | 15 | | or control any personal property, books of account, papers or
| 16 | | evidences of debt or title to lands which belonged to a person |
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| 1 | | whose
estate is being administered in that court or which | 2 | | belongs to his
estate or to his representative or (2) to have | 3 | | information or knowledge
withheld by the respondent from the | 4 | | representative and needed by the
representative for the | 5 | | recovery of any property by suit or otherwise.
The petition | 6 | | shall contain a request for the relief sought.
| 7 | | (b) The citation must be served not less than 10 days | 8 | | before the
return day designated in the citation and must be | 9 | | served and returned in
the manner provided for summons in civil | 10 | | cases.
If there is a personal representative who is not the | 11 | | respondent, notice of
the proceeding shall be given by mail or | 12 | | in person to the personal
representative not less than 5 days | 13 | | before the return day designated in the
citation.
| 14 | | (c) If the representative is the respondent, the court may | 15 | | appoint a
special administrator to represent the estate. The | 16 | | court may permit the
special administrator to prosecute or | 17 | | defend an appeal.
| 18 | | (d) The court may examine the respondent on oath whether or | 19 | | not the
petitioner has proved the matters alleged in the | 20 | | petition, may hear the
evidence offered by any party, may | 21 | | determine all questions of title,
claims of adverse title and | 22 | | the right of property and may enter such
orders and judgment as | 23 | | the case requires. If the respondent refuses to
answer proper | 24 | | questions put to him or refuses to obey the court's order
to | 25 | | deliver any personal property or, if converted, its proceeds or
| 26 | | value, or books of account, papers or evidences of debt or |
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| 1 | | title to
lands, the court may commit him to jail until he | 2 | | complies with the order
of the court or is discharged by due | 3 | | course of law and the court may
enforce its order against the | 4 | | respondent's real and
personal property in the manner in which | 5 | | judgments for the payment of
money are enforced. The court may | 6 | | tax the costs of the proceeding against
the respondent and | 7 | | enter judgment therefor against him.
| 8 | | (Source: P.A. 89-396, eff. 8-20-95.)
| 9 | | (Text of Section after amendment by P.A. 99-93 )
| 10 | | Sec. 16-1.
Citation on behalf of estate. )
| 11 | | (a) Upon the filing of a
petition therefor by the | 12 | | representative or by any other person
interested in the estate | 13 | | or, in the case of an estate of a ward by any other
person, the | 14 | | court shall order a citation to
issue for the appearance before | 15 | | it of any person whom the petitioner
believes : (1) to have | 16 | | concealed, converted or embezzled or to have or had in his
| 17 | | possession or control any assets, personal property, books of | 18 | | account, papers or
evidences of debt or title to lands which | 19 | | belonged to a person whose
estate is being administered in that | 20 | | court or which belongs to his
estate or to his representative | 21 | | or ; (2) to have information or knowledge
withheld by the | 22 | | respondent from the representative and needed by the
| 23 | | representative for the recovery of any property by suit or | 24 | | otherwise ; or (3) may be liable to the estate of a ward | 25 | | pursuant to any civil cause of action .
The petition shall |
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| 1 | | contain a request for the relief sought.
| 2 | | (b) The citation must be served not less than 10 days | 3 | | before the
return day designated in the citation and must be | 4 | | served and returned in
the manner provided for summons in civil | 5 | | cases.
If there is a personal representative who is not the | 6 | | respondent, notice of
the proceeding shall be given by mail or | 7 | | in person to the personal
representative not less than 5 days | 8 | | before the return day designated in the
citation.
| 9 | | (c) If the representative is the respondent, the court may | 10 | | appoint a
special administrator to represent the estate. The | 11 | | court may permit the
special administrator to prosecute or | 12 | | defend an appeal.
| 13 | | (d) The court may examine the respondent on oath whether or | 14 | | not the
petitioner has proved the matters alleged in the | 15 | | petition, may hear the
evidence offered by any party, may | 16 | | determine all questions of title,
claims of adverse title and | 17 | | the right of property and may enter such
orders and judgment as | 18 | | the case requires. If the respondent refuses to
answer proper | 19 | | questions put to him or refuses to obey the court's order
to | 20 | | deliver any personal property or, if converted, its proceeds or
| 21 | | value, or books of account, papers or evidences of debt or | 22 | | title to
lands, the court may commit him to jail until he | 23 | | complies with the order
of the court or is discharged by due | 24 | | course of law and the court may
enforce its order against the | 25 | | respondent's real and
personal property in the manner in which | 26 | | judgments for the payment of
money are enforced. The court may |
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| 1 | | tax the costs of the proceeding against
the respondent and | 2 | | enter judgment therefor against him.
| 3 | | (Source: P.A. 99-93, eff. 1-1-16.)
| 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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