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IL SB3551
Bill
AI Summary
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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.
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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.
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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.
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Provides liability protections for fiduciaries who act in good faith without actual knowledge that exceptions to the general exclusion rule apply.
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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