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IL SB3551

Bill

Status

Failed

1/8/2013

Primary Sponsor

Kirk Dillard

Click for details

Origin

Senate

97th General Assembly

AI Summary

  • Amends Section 2-4 of the Probate Act of 1975 to clarify the inheritance rights of adopted children relative to their natural parents and relatives.

  • Specifies that an adopted child is not a child of a natural parent "whose parental rights were terminated by the adoption" (rather than simply "a natural parent"), narrowing the scope of exclusion from inheritance.

  • Establishes three conditions under which an adopted child may inherit from natural parents despite parental rights termination: adoption by a descendant or spouse of a great-grandparent; death of a natural parent before adoption; or clear and convincing evidence of contrary intent in an instrument.

  • Provides liability protections for fiduciaries who act in good faith without actual knowledge that exceptions to the general exclusion rule apply.

  • Applies changes to all decedents dying on or after January 1, 1998, and all instruments executed on or after January 1, 1998.

Legislative Description

PROBATE-ADOPTED CHILDREN

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Assignments3/9/2012
Judiciary2/22/2012
Assignments2/8/2012

Full Bill Text

No bill text available