Elder Law

(Croke, D-Chicago; Ellman, D-Naperville) creates a new article in the Probate Code authorizing the use of electronic nontestamentary estate planning documents. “Nontestamentary estate planning document” means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. It applies to records that create, exercise, modify, release, or revoke estate planning documents with the exception of deeds to real estate and car titles. Effective Jan. 1, 2024.

(Cassidy, D-Chicago; Peters, D-Chicago) creates the Civil Rights Remedies Restoration Act. Makes it a violation of this Act if certain sections of the following federal acts are violated: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. Effective Jan. 1, 2024.

(Croke, D-Chicago; Ellman, D-Naperville) creates a new article in the Probate Code authorizing the use of electronic nontestamentary estate planning documents. “Nontestamentary estate planning document” means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. It applies to electronic records readable as text at the time of signing that creates, exercises, modifies, releases, or revokes estate planning documents with the exception of deeds to real estate and car titles. Passed both chambers. 
 

(Syed, D-Palatine; Ram Villivalam, D-Chicago) creates the Court Record and Document Accessibility Act to harmonize the statutes with Supreme Court Rule 8. It clarifies definitions and standardizes access to court records if there are restrictions on its distribution. Passed both chambers. 

(Collins, D-Chicago; Johnson, D-Waukegan) allows a person who has been convicted of a felony to act as an executor if: (1) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony before the execution of the will or codicil; (2) the person is not prohibited by law from receiving a share of the testator’s estate; (3) the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court; and (4) the person is not incarcerated in a state or federal prison. Passed both chambers. 

(Frese, R-Quincy) amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law. Scheduled for hearing this Wednesday in House Judiciary Committee. 

(Johnson, D-Waukegan) amends the Probate Act of 1975. It provides that a person who has been convicted of a felony is qualified to act as an executor if: (a) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (b) the person is otherwise qualified to act as an executor.

(Villa, West Chicago) Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of $30,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence, or $60,000 if the homestead is owned by 2 or more individuals. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(Walker, D-Arlington Heights) amends the Illinois Banking Act and other lender statutes affecting provisions concerning customer financial records and confidentiality. It provides that the language does not prohibit the furnishing of financial information to the executor, executrix, administrator, or other lawful representative of the estate of a customer. Amends the Illinois Trust and Payable on Death Accounts Act. Provides that any holder of an account may elect a per stirpes distribution option to the descendants of a natural person beneficiary if the beneficiary predeceases the last surviving holder of the account. Amends the Financial Institutions Electronic Documents and Digital Signature Act. In provisions concerning electronic notices, provides that consent to electronic transactions given by the customer pursuant to the federal Electronic Signatures in Global and National Commerce Act shall satisfy applicable consent requirements. Amends the Probate Act of 1975. Provides that any person doing business or performing transactions on behalf of or at the direction of an executor or administrator with a will annexed shall be entitled to the presumption that the executor or administrator with the will annexed is lawfully authorized to conduct the business or perform the transaction without such person investigating the source of the authority and without verifying that the actions of the executor or administrator with the will annexed comply with a will or any order of the probate court, unless such person has actual knowledge to the contrary. It was just introduced.