Illinois House Bill 169 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on December 3 2014 - 100% progression
Action: 2014-12-03 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Defines "beneficiary's authorized representative" as an agent under a power of attorney, a standby guardian, a short-term or temporary guardian, an executor, an administrator, or an administrator to collect. Changes the definition of "residential real estate" to include, among other types of real estate, a residential condominium unit (instead of units in residential cooperatives or condominium units) including but not limited to the common elements allocated to that condominium unit and any parking unit or other amenity owned by the owner of the unit. Provides that an agency under a durable power of attorney or other instrument creating an agency does not have the authority to create or revoke a transfer on death instrument on behalf of the owner, provided that this provision shall not be construed to prohibit the agent from selling, transferring, or encumbering the residential real estate under the terms of the agency. Provides that if, following the death of an owner who executed a transfer on death instrument, a beneficiary or the beneficiary's authorized representative fails to file a notice of death affidavit and acceptance or a disclaimer within 6 months after the owner's death, any other beneficiary or the owner's estate may serve a written demand to file, pursuant to the Act, upon the beneficiary. Provides that if the beneficiary does not file an acceptance or a disclaimer within 30 days after receipt of the demand, the beneficiary will be deemed to have predeceased the owner with no descendants surviving. Provides that if a purchaser or mortgagee for value takes title to the property before the filing of any action to set aside the transfer on death instrument, the purchaser or mortgagee takes title to the property free and clear of any such action.

RESID PROP-TRANSFER ON DEATH

Rep. John Bradley [D]

Date	Chamber	Action
2014-12-03	House	Session Sine Die
2013-04-19	House	Rule 19(a) / Re-referred to Rules Committee
2013-04-18	House	Held on Calendar Order of Second Reading - Short Debate
2013-04-18	House	Second Reading - Short Debate
2013-03-21	House	Placed on Calendar 2nd Reading - Short Debate
2013-03-21	House	Do Pass / Short Debate Judiciary; 016-000-000
2013-02-04	House	Assigned to Judiciary
2013-01-18	House	Referred to Rules Committee
2013-01-18	House	First Reading
2013-01-17	House	Filed with the Clerk by Rep. John E. Bradley

Chapter	Article	Section	Citation Type	Statute Text
755	27	35	Amended Code	Citation Text
755	27	40	Amended Code	Citation Text
755	27	5	Amended Code	Citation Text
755	27	75	Amended Code	Citation Text
755	27	90	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=169&GAID=12&DocTypeID=HB&SessionID=85&GA=98
Text	https://www.ilga.gov/legislation/98/HB/09800HB0169.htm