State of Illinois
90th General Assembly
Legislation

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90_SB1755eng

      755 ILCS 5/2-2            from Ch. 110 1/2, par. 2-2
          Amends the Probate Act of 1975.  In  the  provisions  for
      inheritance after the death of an illegitimate child, changes
      who  may  inherit  from  the illegitimate child from spouses,
      descendants, and maternal ancestors and their descendants, to
      spouses,  descendants,  and  the  eligible  parent  and  that
      parent's  ancestors  and  their  descendants.    Defines   an
      eligible  parent  as a parent of the decedent who, during the
      decedent's  lifetime,  acknowledged  the  decedent   as   the
      parent's  child, established a parental relationship with the
      decedent, and supported the decedent as the  parent's  child.
      Provides  that  if  both  parents  are eligible parents or if
      neither parent is an eligible parent,  inheritance  shall  be
      determined   under   the   general   rules   of  descent  and
      distribution.    Provides  that  the  changes  made  by  this
      amendatory Act of 1998 apply to all decedents who die  on  or
      after  the  effective date of this amendatory Act of 1998 and
      to all instruments executed on or after the effective date of
      this amendatory Act of 1998.  Effective immediately.
                                                     LRB9011678SMdv
SB1755 Engrossed                               LRB9011678SMdv
 1        AN ACT to amend the  Probate  Act  of  1975  by  changing
 2    Section 2-2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  Probate  Act  of  1975  is  amended  by
 6    changing Section 2-2 as follows:
 7        (755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
 8        Sec.   2-2.  Illegitimates.    The   intestate  real  and
 9    personal estate of a resident decedent who  was  illegitimate
10    at  the  time  of death and the intestate real estate in this
11    State of a nonresident decedent who was illegitimate  at  the
12    time  of  death, after all just claims against his estate are
13    fully paid, descends and shall be distributed as provided  in
14    Section 2-1 if both parents are eligible parents.  As used in
15    this  Section,  "eligible  parent"  means  a  parent  of  the
16    decedent  who,  during  the decedent's lifetime, acknowledged
17    the decedent as the parent's child,  established  a  parental
18    relationship with the decedent, and supported the decedent as
19    the parent's child.  "Eligible parent" does not mean a parent
20    who  abandoned a decedent if that abandonment continued until
21    the decedent's death.
22        If neither parent is an eligible  parent,  the  intestate
23    real  and  personal  estate  of  a  resident decedent who was
24    illegitimate at the time of  death  and  the  intestate  real
25    estate  in  this  State  of  a  nonresident  decedent who was
26    illegitimate at the time of  death,  after  all  just  claims
27    against  his or her estate are fully paid, descends and shall
28    be distributed as provided in Section 2-1, but the parents of
29    the decedent shall  be  treated  as  having  predeceased  the
30    decedent.
31        If  only  one parent is an eligible parent, the intestate
SB1755 Engrossed            -2-                LRB9011678SMdv
 1    real and personal estate  of  a  resident  decedent  who  was
 2    illegitimate  at  the  time  of  death and the intestate real
 3    estate in this  State  of  a  nonresident  decedent  who  was
 4    illegitimate  at  the  time  of  death, after all just claims
 5    against his or her estate are fully paid, descends and  shall
 6    be distributed as follows:
 7        (a)  If there is a surviving spouse and also a descendant
 8    of  the  decedent:  1/2 of the entire estate to the surviving
 9    spouse and 1/2 to the decedent's descendants per stirpes.
10        (b)  If there is no surviving spouse but a descendant  of
11    the   decedent:    the   entire   estate  to  the  decedent's
12    descendants per stirpes.
13        (c)  If there is a surviving spouse but no descendant  of
14    the decedent:  the entire estate to the surviving spouse.
15        (d)  If  there  is  no surviving spouse or descendant but
16    the eligible parent mother or a descendant  of  the  eligible
17    parent  mother  of  the  decedent:   the entire estate to the
18    eligible  parent  mother  and  the  eligible   parent's   her
19    descendants,  allowing  1/2 to the eligible parent mother and
20    1/2 to the eligible parent's her descendants per stirpes.
21        (e)  If  there  is  no  surviving   spouse,   descendant,
22    eligible  parent, mother or descendant of the eligible parent
23    mother of the decedent, but a  maternal  grandparent  on  the
24    eligible  parent's side of the family or descendant of such a
25    maternal grandparent of the decedent:  the entire  estate  to
26    the decedent's maternal grandparents on the eligible parent's
27    side  of  the  family  in  equal parts, or to the survivor of
28    them, or if there is none surviving, to their descendants per
29    stirpes.
30        (f)  If  there  is  no  surviving   spouse,   descendant,
31    eligible  parent  mother,  descendant  of the eligible parent
32    mother, maternal grandparent on the eligible parent's side of
33    the family, or descendant of such a maternal  grandparent  of
34    the  decedent:   the entire estate to the decedent's maternal
SB1755 Engrossed            -3-                LRB9011678SMdv
 1    great-grandparents on  the  eligible  parent's  side  of  the
 2    family in equal parts or to the survivor of them, or if there
 3    is none surviving, to their descendants per stirpes.
 4        (g)  If   there   is  no  surviving  spouse,  descendant,
 5    eligible parent mother, descendant  of  the  eligible  parent
 6    mother, maternal grandparent on the eligible parent's side of
 7    the  family,  descendant  of  such  a  maternal  grandparent,
 8    maternal  great-grandparent  on the eligible parent's side of
 9    the   family,   or   descendant   of    such    a    maternal
10    great-grandparent  of  the  decedent:   the  entire estate in
11    equal parts to the nearest kindred  of  the  eligible  parent
12    mother  of  the  decedent  in  equal degree (computing by the
13    rules of the civil law) and without representation.
14        (h)  If there is  no  surviving  spouse,  descendant,  or
15    eligible  parent  mother of the decedent and no known kindred
16    of the eligible parent  mother  of  the  decedent:  the  real
17    estate  escheats  to  the  county in which it is located; the
18    personal estate physically located within this State and  the
19    personal estate physically located or held outside this State
20    which  is the subject of ancillary administration within this
21    State escheats to the county of  which  the  decedent  was  a
22    resident  or,  if  the  decedent  was  not a resident of this
23    State, to the county in  which  it  is  located;   all  other
24    personal   property  of  the  decedent  of  every  class  and
25    character, wherever situate, or the proceeds  thereof,  shall
26    escheat  to  this  State  and be delivered to the Director of
27    Financial Institutions of this State pursuant to the  Uniform
28    Disposition of Unclaimed Property Act.
29        For  purposes  of  inheritance,  the changes made by this
30    amendatory Act of 1998 apply to all decedents who die  on  or
31    after the effective date of this amendatory Act of 1998.  For
32    the  purpose of determining the property rights of any person
33    under any instrument, the changes made by this amendatory Act
34    of 1998 apply to all instruments executed  on  or  after  the
SB1755 Engrossed            -4-                LRB9011678SMdv
 1    effective date of this amendatory Act of 1998.
 2        An  illegitimate  person is heir of his mother and of any
 3    maternal ancestor and of any  person  from  whom  his  mother
 4    might  have  inherited,  if living; and the descendants of an
 5    illegitimate person shall represent such person and  take  by
 6    descent  any  estate  which  the  parent would have taken, if
 7    living.  If a  decedent  has  acknowledged  paternity  of  an
 8    illegitimate  person  or  if during his lifetime or after his
 9    death a decedent has been adjudged to be  the  father  of  an
10    illegitimate person, that person is heir of his father and of
11    any paternal ancestor and of any person  from whom his father
12    might  have  inherited,  if living; and the descendants of an
13    illegitimate person shall represent that person and  take  by
14    descent  any  estate  which  the  parent would have taken, if
15    living.  If during his lifetime the decedent was adjudged  to
16    be  the  father  of  an  illegitimate  person  by  a court of
17    competent jurisdiction, an authenticated copy of the judgment
18    is sufficient proof of the paternity; but in all other  cases
19    paternity must be proved by clear and convincing evidence.  A
20    person  who was illegitimate whose parents intermarry and who
21    is acknowledged by  the  father  as  the  father's  child  is
22    legitimate.  After  an  illegitimate  person is adopted, that
23    person's relationship to his  or  her  adopting  and  natural
24    parents  shall  be  governed by Section 2-4 of this Act.  For
25    purposes of inheritance, the changes made by this  amendatory
26    Act  of  1997  apply  to  all  decedents  who die on or after
27    January 1, 1998.  For the purpose of determining the property
28    rights of any person under any instrument, the  changes  made
29    by  this  amendatory  Act  of  1997  apply to all instruments
30    executed on or after January 1, 1998.
31    (Source: P.A. 90-237, eff. 1-1-98.)
32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.

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