IL HB1153 | 2011-2012 | 97th General Assembly
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on August 25 2011 - 100% progression
Action: 2011-08-25 - Public Act . . . . . . . . . 97-0555
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Bipartisan Bill
Status: Passed on August 25 2011 - 100% progression
Action: 2011-08-25 - Public Act . . . . . . . . . 97-0555
Text: Latest bill text (Chaptered) [HTML]
Summary
Creates the Illinois Residential Real Property Transfer on Death Instrument Act. Defines terms. Provides the requirements for an owner to transfer residential real estate by a transfer on death instrument. Provides that a transfer on death instrument is a revocable nontestamentary instrument. Requires that an owner who makes or revokes a transfer on death instrument must have the same capacity as the capacity required to make a will. Provides that a transfer on death instrument must include the essential elements and formalities of a deed and be recorded in the recorder's office before the owner's death. Provides that a transfer on death instrument does not require notice, delivery, or consideration. Provides that revocation of a transfer on death instrument may be accomplished by another transfer on death instrument that revokes the instrument expressly or by an inconsistency which is recorded before the owner's death. Describes the effects that a transfer on death instrument does and does not have, during an owner's life. Provides that a beneficiary under a transfer on death instrument has, at the owner's death, the right to disclaim or refuse to accept the transfer. Provides for the manner of acceptance of a transfer by the beneficiary. Provides that a beneficiary of a transfer on death instrument is subject to the claims of creditors and statutory claimants to the same extent as a beneficiary of any nontestamentary transfer. Describes applicable statute of limitations to contest the validity of a transfer on death instrument. Provides that the preparation of a transfer on death instrument or its revocation is the practice of law. Provides a statutory form for a notice of death affidavit and acceptance of a transfer on death instrument.
Title
REAL PROP-TRANSFER ON DEATH
Sponsors
Roll Calls
2011-05-31 - House - Concurrence in House (Y: 100 N: 16 NV: 0 Abs: 0) [PASS]
2011-05-17 - Senate - Third Reading in Senate (Y: 55 N: 0 NV: 2 Abs: 2) [PASS]
2011-04-15 - House - Third Reading in House (Y: 99 N: 5 NV: 0 Abs: 4) [PASS]
2011-05-17 - Senate - Third Reading in Senate (Y: 55 N: 0 NV: 2 Abs: 2) [PASS]
2011-04-15 - House - Third Reading in House (Y: 99 N: 5 NV: 0 Abs: 4) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2011-08-25 | House | Public Act . . . . . . . . . 97-0555 |
| 2011-08-25 | House | Effective Date January 1, 2012 |
| 2011-08-25 | House | Governor Approved |
| 2011-06-09 | House | Sent to the Governor |
| 2011-05-31 | House | Passed Both Houses |
| 2011-05-31 | House | Senate Committee Amendment No. 1 House Concurs 100-016-000 |
| 2011-05-29 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000 |
| 2011-05-27 | House | Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee |
| 2011-05-17 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
| 2011-05-17 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. John E. Bradley |
| 2011-05-17 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1 |
| 2011-05-17 | House | Arrived in House |
| 2011-05-17 | Senate | Third Reading - Passed; 055-000-002 |
| 2011-05-12 | Senate | Placed on Calendar Order of 3rd Reading May 13, 2011 |
| 2011-05-12 | Senate | Second Reading |
| 2011-05-10 | Senate | Placed on Calendar Order of 2nd Reading May 11, 2011 |
| 2011-05-10 | Senate | Do Pass as Amended Judiciary; 008-000-000 |
| 2011-05-10 | Senate | Senate Committee Amendment No. 1 Adopted |
| 2011-05-10 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 2011-05-06 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 2011-05-06 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi |
| 2011-05-04 | Senate | Assigned to Judiciary |
| 2011-04-27 | Senate | Referred to Assignments |
| 2011-04-27 | Senate | First Reading |
| 2011-04-25 | Senate | Chief Senate Sponsor Sen. A. J. Wilhelmi |
| 2011-04-22 | Senate | Placed on Calendar Order of First Reading May 3, 2011 |
| 2011-04-22 | Senate | Arrive in Senate |
| 2011-04-15 | House | Third Reading - Short Debate - Passed 099-005-000 |
| 2011-03-17 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2011-03-17 | House | Second Reading - Short Debate |
| 2011-03-09 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2011-03-09 | House | Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000 |
| 2011-02-22 | House | Added Chief Co-Sponsor Rep. Patricia R. Bellock |
| 2011-02-14 | House | Assigned to Judiciary I - Civil Law Committee |
| 2011-02-08 | House | Referred to Rules Committee |
| 2011-02-08 | House | First Reading |
| 2011-02-08 | House | Added Chief Co-Sponsor Rep. Sidney H. Mathias |
| 2011-02-08 | House | Filed with the Clerk by Rep. John E. Bradley |
