Elder Law

(Hastings, D-Matteson; Kelly Burke, D-Oak Lawn) makes associations organized as limited liability companies subject to the Act. Passed both chambers.

(Haine, D-Alton; Moffitt, R-Galesburg) allows the current court security-fee to exceed $25 for every party in a civil suit if it is set according to an acceptable cost study under the Counties Code. This fee is also added to a plea of guilty or conviction for defendants in traffic, ordinance, and criminal cases. Passed both chambers.

(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.

(Williams, D-Chicago) amends the Presumptively Void Transfers Article of the Probate Act of 1975 to redefine terms. If the property in question is an interest in real property, a purchaser or mortgagee for value and without notice, before the recordation of a lis pendens for an action, shall take free and clear of the action. In House Rules Committee.

House Bill 4131 (Evans, D-Chicago) and Senate Bill 1376 (Hastings, Matteson) create this Act. Provides procedures and requirements for the access and control by guardians, executors, agents, and other fiduciaries to the digital assets of persons who are deceased, under a legal disability, or subject to the terms of a trust. Senate Bill 1376 is on third reading in the Senate, and House Bill 4131 is assigned to House Judiciary Committee.

(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.

(Nekritz, D-Buffalo Grove) requires that a licensee pay the actual damages (instead of the actual damages and costs and attorney's fees) to a facility resident whose rights are violated under the Act. 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.