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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2442 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
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| 755 ILCS 5/18-10 | from Ch. 110 1/2, par. 18-10 |
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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.
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| | A BILL FOR |
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| | HB2442 | | LRB101 07953 LNS 53009 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Section 18-10 as follows:
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| 6 | | (755 ILCS 5/18-10) (from Ch. 110 1/2, par. 18-10)
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| 7 | | Sec. 18-10. Classification of claims against decedent's |
| 8 | | estate. All
claims against the estate of a decedent are divided |
| 9 | | into classes in the
manner following:
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| 10 | | 1st: Funeral and burial expenses, expenses of |
| 11 | | administration, fees incurred under subsection (b) of Section |
| 12 | | 13-3.1, and
statutory custodial claims. For the purposes of |
| 13 | | this paragraph, funeral and
burial expenses paid by any person, |
| 14 | | including a surviving spouse, are
funeral and burial expenses; |
| 15 | | and funeral and burial expenses include
reasonable amounts paid |
| 16 | | for a burial space, crypt or niche, a marker on the
burial |
| 17 | | space, care of the burial space, crypt or niche, and interest |
| 18 | | on
these amounts. Interest on these amounts shall accrue |
| 19 | | beginning 60 days
after issuance of letters of office to the |
| 20 | | representative of the decedent's
estate, or if no such letters |
| 21 | | of office are issued, then beginning 60 days
after those |
| 22 | | amounts are due, up to the rate of 9% per annum as allowed by
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| 23 | | contract or law.
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