Illinois Senate Bill 2656 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on August 1 2014 - 100% progression
Action: 2014-08-01 - Public Act . . . . . . . . . 98-0821
Text: Latest bill text (Chaptered) [HTML]

Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Changes the definition of "residential real estate" by replacing the phrase "units in residential cooperatives; or, condominium units" with "a residential condominium unit" and by providing that residential condominium units include any parking unit or other amenity used with and owned by the owner of the condominium unit. Provides that an agent 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, but the restriction 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 an instrument under the Act is effective if it is executed, witnessed, and acknowledged in substantial compliance (rather than "in compliance") with certain provisions of the Act. Provides that a transfer on death instrument is effective without acceptance. Replaces the provisions of a Section concerning the notice of death affidavit. Provides that a beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the residential real estate is located a notice of death affidavit to confirm title following the death of the owner. Adds provisions concerning the required contents of the notice of death affidavit. Provides that the affidavit shall be acknowledged under penalty of perjury before a notary public or person authorized to administer oaths. Provides that the filing of a notice of death affidavit is not a condition to the transfer of title. Provides that a purchaser or mortgagee for value and without notice before the recordation of a lis pendens for an action to set aside or contest the transfer on death instrument for any reason shall take free and clear of any such action or contest. Repeals the Section concerning the statutory form for the notice of death affidavit and acceptance.

RESID PROP-TRANSFER ON DEATH

Sen. Jason Barickman [R]

Sen. Elgie Sims [D]

2014-05-08 - House - Third Reading in House (Y: 107 N: 0 NV: 1 Abs: 0) [PASS]
2014-03-04 - Senate - Third Reading in Senate (Y: 50 N: 0 NV: 9 Abs: 0) [PASS]

Date	Chamber	Action
2014-08-01	Senate	Public Act . . . . . . . . . 98-0821
2014-08-01	Senate	Effective Date January 1, 2015
2014-08-01	Senate	Governor Approved
2014-06-06	Senate	Sent to the Governor
2014-05-08	Senate	Passed Both Houses
2014-05-08	House	Third Reading - Short Debate - Passed 107-000-001
2014-05-07	House	Placed on Calendar Order of 3rd Reading - Short Debate
2014-05-07	House	Second Reading - Short Debate
2014-04-30	House	Placed on Calendar 2nd Reading - Short Debate
2014-04-30	House	Do Pass / Short Debate Judiciary; 015-000-000
2014-04-23	House	Assigned to Judiciary
2014-03-06	House	Referred to Rules Committee
2014-03-06	House	First Reading
2014-03-06	House	Chief House Sponsor Rep. Elgie R. Sims, Jr.
2014-03-04	House	Arrived in House
2014-03-04	Senate	Third Reading - Passed; 050-000-000
2014-02-27	Senate	Placed on Calendar Order of 3rd Reading March 4, 2014
2014-02-27	Senate	Second Reading
2014-02-26	Senate	Placed on Calendar Order of 2nd Reading February 27, 2014
2014-02-26	Senate	Do Pass as Amended Judiciary; 010-000-000
2014-02-25	Senate	Senate Committee Amendment No. 1 Adopted
2014-02-25	Senate	Senate Committee Amendment No. 1 Assignments Refers to Judiciary
2014-02-19	Senate	Postponed - Judiciary
2014-02-18	Senate	Senate Committee Amendment No. 1 Referred to Assignments
2014-02-18	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
2014-02-04	Senate	Postponed - Judiciary
2014-01-29	Senate	Assigned to Judiciary
2014-01-21	Senate	Referred to Assignments
2014-01-21	Senate	First Reading
2014-01-21	Senate	Filed with Secretary by Sen. Jason A. Barickman

Chapter	Article	Section	Citation Type	Statute Text
755	27	100	Repealed Code	Citation Text
755	27	35	Amended Code	Citation Text
755	27	40	Amended Code	Citation Text
755	27	5	Amended Code	Citation Text
755	27	50	Amended Code	Citation Text
755	27	65	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=2656&GAID=12&DocTypeID=SB&SessionID=85&GA=98
Text	https://www.ilga.gov/legislation/98/SB/09800SB2656.htm
Text	https://www.ilga.gov/legislation/98/SB/09800SB2656sam001.htm
Text	https://www.ilga.gov/legislation/98/SB/09800SB2656eng.htm
Text	https://www.ilga.gov/legislation/98/SB/09800SB2656enr.htm
Text	https://www.ilga.gov/legislation/publicacts/98/098-0821.htm
Roll Call	https://www.ilga.gov/legislation/votehistory/98/senate/09800SB2656_03042014_002000T.pdf
Roll Call	https://www.ilga.gov/legislation/votehistory/98/house/09800SB2656_05082014_011000T.pdf