Business Advice and Financial Planning

(Silverstein, D-Chicago; McAsey, D-Plainfield) authorizes trustees to use a “certification of trust” form that may be relied upon by third parties without obtaining a copy of the trust instrument. It is modeled after Section 1013 of the Uniform Trust Code. Passed both chambers.

(Biss, D-Skokie; Williams, D-Chicago) will expand the type of information that triggers a breach notification to consumers, including medical information outside of federal privacy laws, biometric data, contact information if combined with identifying information, and login credentials for online accounts. The bill also requires entities holding sensitive information to take “reasonable” steps to protect the information, to post a privacy policy describing their data collection practices, and to notify the Attorney General’s office when breaches occur. Entities will also have to notify the Attorney General’s Office in the event of a breach of geolocation information or consumer marketing information. Passed both chambers.

(Silverstein, D-Chicago) 1975 creates a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled. The rebuttable presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed, and that the rebuttable presumption does not apply if the will or codicil was executed in compliance with a court order. The court may enter an order authorizing the ward to execute a will or codicil if a verified petition by the plenary or limited guardian of the estate or the request of the ward is accompanied by a current physician’s report that states the ward possesses testamentary capacity. Provides that the court shall authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil. This subsection applies only to wills or codicils executed or modified after the effective date of this act. On second reading in the Senate after passing out of Senate Judiciary Committee.

(Silverstein, D-Chicago) creates a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated a disabled adult. The rebuttable presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will codicil at the time the will or codicil was executed. The rebuttable presumption doesn’t apply if the following occurs: If a verified petition by the plenary or limited guardian of the estate or at the request of the ward that is accompanied by current physician’s report that states the ward possesses testamentary capacity, the court may enter an order authorizing the ward to execute a will or codicil. In so ordering, the court must authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil. This subsection applies only to wills or codicils executed or modified after the effective date of this act. Scheduled for hearing in Senate Judiciary Committee Tuesday afternoon.

(Breen, R-Lombard) expands this Act for unfair or deceptive patent infringement demand letters to include copyrights. Scheduled for hearing next Wednesday in House Judiciary Committee.

(Kotowski, D-Park Ridge) amends the Counties Code to allow a county recorder to implement a county will depository. If the recorder does create a depository, it must also provide a form affidavit for a depositor of a will to file with the deposited will. States the requirements of the form affidavit. Provides for the duties of the county recorders for acceptance of wills, storage of wills, release of wills, and destruction of wills. Provides for different fees the county recorder may charge. Scheduled for hearing next Tuesday in Senate Judiciary Committee.

(Zalewski, D-Chicago) amends the Probate Act of 1975 to authorize that a licensed clinical psychologist, in lieu of a licensed physician, may sign a report relating to the adjudication of disability if the evaluation is limited to the respondent's mental condition. Just introduced and referred to House Rules Committee.

(Silverstein, D-Chicago) creates a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. The presumption may be overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed. Just introduced and referred to the Senate Committee on Assignments.

(E. Chris Welch, D-Westchester; Steans, D-Chicago) was signed into law yesterday. It makes the following declarations unenforceable if they affect the common elements or more than one unit and require any of the following before the board can take legal action on behalf of the association: (1) consent of a percentage of unit owners; (2) arbitration; (3) mediation before an action may be filed in court; or (4) a restriction or delay in the board's ability to bring an action affecting the common elements or more than one unit. An otherwise unenforceable provision may be enforced after the election of the first-unit owner board of managers if it is approved by a unit-owner percentage vote of not less than 75 percent of the total in the aggregate of the undivided ownership of the common elements. Effective January 1, 2015.