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ISBA Statehouse Review for April 7, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Trust law (Senate Bill 2842), Personal guardian (House Bill 5924), The Tenants Radon Protection Act (House Bill 4528), Revised Uniform Fiduciary Access to Digital Assets Act (House Bill 4648) and Land Trust Beneficiary Rights Act (House Bill 4697). More information on each bill is available below the video.

Trust law. Senate Bill 2842 (Silverstein, D-Chicago) seeks to reverse the holding of the Mendelson case (2016 IL App (2d) 150084). It provides that the transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Provides that for any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. It is passed out of Senate Judiciary Committee.  

Personal guardian. House Bill 5924 (Fine, D-Glenview) amends the personal guardian statute in the Probate Code. If there is no court order to the contrary, requires the guardian to use reasonable efforts to notify the ward’s known adult children, who have requested notification and provided contact information, of the ward’s admission to a hospital or hospice program, the arrangements for the disposition of the ward’s remains, or the ward’s death.

If a guardian unreasonably prevents an adult child of the ward from visiting the ward, the court, upon a verified petition by an adult child, may order the guardian to permit visitation between the ward and the adult child if the court finds that the visitation is in the ward’s best interests. In making its determination, the court shall consider the standards set forth in current law. subsection (e) of this Section. This new subsection (g) does not apply to duly appointed Public Guardians and the Office of State Guardian. Passed out of House Judiciary Committee.

The Tenants Radon Protection Act. House Bill 4528 (McAsey, D-Plainfield) creates the Tenants Radon Protection Act. It applies to single-family residences as well as each living unit of a multiple family resident in each living unit in a mixed-use building. Requires the landlord before a lease is entered into to provide to each tenant in a dwelling unit copies of any records or reports pertaining to radon concentrations within the dwelling unit that indicate a radon hazard to the tenant. Also requires the landlord to provide to the tenant the Illinois Emergency Management Agency pamphlet entitled “IEMA Radon Guide for Tenants.” It gives the tenant the right to terminate a lease if the landlord has failed to correct a radon hazard within 120 days after being initially informed of a radon hazard. Prohibits a home rule unit of local government from regulating lease agreements in a manner that diminishes the rights of tenants under this act. Passed out of House Judiciary Committee.

Revised Uniform Fiduciary Access to Digital Assets Act. House Bill 4648 (Welch, D-Westchester) provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries of the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Passed out of House Judiciary Committee.

Land Trust Beneficiary Rights Act. House Bill 4697 (Nekritz, D-Buffalo Grove) provides that the rights of a beneficial owner may not be impaired in any way by the change of trustees if the identity of the trustee of a land trust has been changed by virtue of sale, assignment, appointment, or otherwise, but the beneficial owner or owners of the land trust remain unchanged. Provides that a change of trustees by a sale, acquisition, or appointment governed by the Corporate Fiduciaries Act is not a bar or defense to any court action filed by or in the name of either the previous trustee or the new trustee, regardless of whether the court action was originally filed in a representative capacity on behalf of the beneficial owner or owners. Passed out of House Judiciary Committee.

Posted on April 7, 2016 by Chris Bonjean
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