IL SB3150 | 2019-2020 | 101st General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on January 13 2021 - 100% progression
Action: 2021-01-13 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Deletes the definition of "residential real estate". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse regardless of whether the transfer on death instrument transfers an interest in real property for the benefit of the surviving spouse. Provides that a creditor may enforce the liability against the real property transferred at the owner's death by a transfer on death instrument and the beneficiaries. Makes other changes to provisions regarding: rights of creditors; limitations; and preparation of a transfer on death instrument or its revocation. Makes conforming changes.

Tracking Information

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Title

PROPERTY TRANSFER ON DEATH

Sponsors


History

DateChamberAction
2021-01-13SenateSession Sine Die
2020-05-15SenateRule 2-10 Third Reading/Passage Deadline Established As May 31, 2020
2020-05-07SenateRule 2-10 Third Reading Deadline Established As May 29, 2020
2020-04-30SenateRule 2-10 Third Reading Deadline Established As May 22, 2020
2020-04-23SenateRule 2-10 Third Reading Deadline Established As May 15, 2020
2020-04-12SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
2020-04-12SenateSenate Committee Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
2020-04-12SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
2020-04-12SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
2020-03-25SenateRule 2-10 Third Reading Deadline Established As May 7, 2020
2020-03-05SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
2020-03-05SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
2020-03-04SenatePlaced on Calendar Order of 2nd Reading March 5, 2020
2020-03-04SenateDo Pass Judiciary; 009-000-000
2020-03-02SenateSenate Committee Amendment No. 2 Referred to Assignments
2020-03-02SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Jason A. Barickman
2020-02-26SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments.
2020-02-25SenatePostponed - Judiciary
2020-02-24SenateSenate Committee Amendment No. 1 Referred to Assignments
2020-02-24SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
2020-02-19SenateAssigned to Judiciary
2020-02-06SenateReferred to Assignments
2020-02-06SenateFirst Reading
2020-02-06SenateFiled with Secretary by Sen. Jason A. Barickman

Code Citations

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Illinois State Sources


Bill Comments

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