Bill Text: IL HB2442 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Probate Act of 1975. Provides that the fees incurred by a public guardian for services related to guardianship duties are a first class claim against the estate of a decedent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-06 - Reported Back To Judiciary - Civil Committee; [HB2442 Detail]

Download: Illinois-2019-HB2442-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2442

Introduced , by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:
755 ILCS 5/18-10 from Ch. 110 1/2, par. 18-10

Amends the Probate Act of 1975. Provides that the fees incurred by a public guardian for services related to guardianship duties are a first class claim against the estate of a decedent.
LRB101 07953 LNS 53009 b

A BILL FOR

HB2442LRB101 07953 LNS 53009 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by changing
5Section 18-10 as follows:
6 (755 ILCS 5/18-10) (from Ch. 110 1/2, par. 18-10)
7 Sec. 18-10. Classification of claims against decedent's
8estate. All claims against the estate of a decedent are divided
9into classes in the manner following:
10 1st: Funeral and burial expenses, expenses of
11administration, fees incurred under subsection (b) of Section
1213-3.1, and statutory custodial claims. For the purposes of
13this paragraph, funeral and burial expenses paid by any person,
14including a surviving spouse, are funeral and burial expenses;
15and funeral and burial expenses include reasonable amounts paid
16for a burial space, crypt or niche, a marker on the burial
17space, care of the burial space, crypt or niche, and interest
18on these amounts. Interest on these amounts shall accrue
19beginning 60 days after issuance of letters of office to the
20representative of the decedent's estate, or if no such letters
21of office are issued, then beginning 60 days after those
22amounts are due, up to the rate of 9% per annum as allowed by
23contract or law.

HB2442- 2 -LRB101 07953 LNS 53009 b
1 2nd: The surviving spouse's or child's award.
2 3rd: Debts due the United States.
3 4th: Reasonable and necessary medical, hospital, and
4nursing home expenses for the care of the decedent during the
5year immediately preceding death; and money due employees of
6the decedent of not more than $800 for each claimant for
7services rendered within 4 months prior to the decedent's
8death.
9 5th: Money and property received or held in trust by
10decedent which cannot be identified or traced.
11 6th: Debts due this State and any county, township, city,
12town, village or school district located within this State.
13 7th: All other claims.
14(Source: P.A. 100-1079, eff. 8-24-18.)
feedback