90th General Assembly
Summary of HB1619
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Short description: 
PROBATE-NONRESIDENT REP                                                    

Synopsis of Bill as introduced:
        Amends the Probate Act of 1975.  Provides that a person who is  a      
   resident  of the United States (instead of this State) is qualified to      
   act as administrator.  Adds the qualification that the court must find      
   the person capable of providing an  active  and  suitable  program  of      
   guardianship  for  a  minor  in  order  to be a guardian.  Removes the      
   requirement that the guardian be a resident of  this  State.   Removes      
   the  provision  that  provides  that  if  the minor resides out of the      
   State,  the  court  may  appoint  the  guardian  without   nomination.      
   Provides   that   the   court  may  remove  a  representative  if  the      
   representative (instead of executor)  becomes  a  nonresident  of  the      
   United  States.  Removes the provision that allows the court to remove      
   a representative  if  the  administrator,  administrator  to  collect,      
   guardian of the estate, or temporary guardian becomes a nonresident of      
   this State.  Makes technical changes.  Effective immediately.               
          JUDICIAL NOTE                                                        
          There would be no increase or decrease in the need for the           
          number of judges.                                                    
          FISCAL NOTE (Ill. Courts Administrative Office)                      
          No fiscal impact on the Judicial Branch.                             
          STATE MANDATES FISCAL NOTE                                           
          HB1619 fails to create a State mandate.                              
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          765 ILCS 305/3                  from Ch. 30, par. 193                
          765 ILCS 305/4                  from Ch. 30, par. 194                
          765 ILCS 315/1                  from Ch. 30, par. 153                
        Amends the Statute Concerning Perpetuities.   Defines  "qualified      
   perpetual trust" as any trust to which, by its terms, the rule against      
   perpetuities  does not apply and of which the trustee has the power in      
   the trust document or under any provision of law to  sell,  lease,  or      
   mortgage property for any period of time beyond the period of the rule      
   against  perpetuities.   Provides  that  the rule against perpetuities      
   shall not apply to a qualified perpetual  trust  created  by  will  or      
   inter-vivos agreement executed or amended on or after January 1, 1998,      
   or  to  such  trusts  created  by  exercise  of a power of appointment      
   granted under instruments executed or amended on or after  January  1,      
   1998.   Amends  the  Perpetuities  Vesting  Act  to  exempt  qualified      
   perpetual  trusts  from  the  provision that no person shall settle or      
   dispose of any real or  person  property  in  violation  of  the  rule      
   against perpetuities.                                                       
Last action on Bill: PUBLIC ACT.............................. 90-0472

   Last action date: 97-08-17

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


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