Public Act 100-0478
 
HB2516 EnrolledLRB100 05668 HEP 15685 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Probate Act of 1975 is amended  by changing 
Sections 15-1 and 15-2 as follows:
 



    (755 ILCS 5/15-1)  (from Ch. 110 1/2, par. 15-1)



    Sec. 15-1. Spouse's award. 

    (a) The surviving spouse of
a deceased resident of this 
State whose estate, whether
testate or intestate, is 
administered in this State, shall be
allowed as the surviving 
spouse's own property, exempt from the enforcement
of a 
judgment, garnishment or attachment in the possession of the

representative, a sum of money that the court deems reasonable

for the proper support of the surviving spouse for the
period 
of 9 months after the death of the decedent in a manner
suited 
to the condition in life of the surviving spouse
and to the 
condition of the estate and an additional sum
of money that the 
court deems reasonable for the proper
support, during that 
period, of minor and adult dependent
children of the decedent 
who resided reside with the surviving spouse at
the time of the 
decedent's death. The award may in no case
be less than 
$20,000, together with an additional sum not
less than $10,000 
for each such child. The award shall be
paid to the surviving 
spouse at such time or times, not
exceeding 3 installments, as 
the court directs. If the
surviving spouse dies before the 
award for his support is paid
in full, the amount unpaid shall 
be paid to his estate. If
the surviving spouse dies or abandons 
a child before the
award for the support of a child is paid in 
full, the amount
unpaid shall be paid for the benefit of the 
child to such
person as the court directs.

    (a-5) The surviving spouse of a deceased resident of this 
State whose estate, whether testate or intestate, is 
administered in this State, shall be allowed as the surviving 
spouse's own property, exempt from the enforcement of a 
judgment, garnishment, or attachment in the possession of the 
representative, for each adult child of the decedent who is 
likely to become a public charge and was financially dependent 
on the decedent and resided with the surviving spouse at the 
time of the decedent's death, a sum of money that the court 
deems reasonable, or agreed upon by the surviving spouse and 
representative of the decedent's estate or affiant under a 
small estate affidavit pursuant to Section 25-1, for the proper 
support of the adult child for the period of 9 months after the 
death of the decedent in a manner suited to the condition in 
life of the adult child of the decedent and to the condition of 
the estate.  The award shall be at least $5,000 for each such 
adult child and shall otherwise be consistent with the 
financial support that the decedent was providing the adult 
child immediately prior to the decedent's death.  The award 
shall be paid to the surviving spouse at such time or times, 
not exceeding 3 installments, as the court directs.  If the 
surviving spouse dies or abandons an adult child before the 
award for the support of an adult child is paid in full, the 
amount unpaid shall be paid for the benefit of the adult child 
to such person as the court directs.  Within 30 days of  the 
surviving spouse or adult child receiving written notice of 
this potential award from the representative of the decedent's 
estate or from the affiant under a small estate affidavit 
pursuant to Section 25-1, the surviving spouse or the adult 
child, or the adult child's agent or guardian or other adult on 
behalf of the adult child, shall provide written notice to the 
representative or affiant asserting that the adult child was 
financially dependent on the decedent at the time of the 
decedent's death.  Failure to provide written notice to the 
representative or affiant within 30 days after receiving notice 
from the representative or affiant shall be a bar to the right 
to receive the award.  The notice by the representative may be 
combined with the notices given pursuant to Sections 6-21 and 
8-1. 
    (b) The surviving spouse is entitled to the award
unless 
the will of the decedent expressly provides that the
provisions 
thereof for the surviving spouse are in lieu of
the award and 
the surviving spouse does not renounce the will.
    (c) The changes made by Public Act 96-968 this amendatory 
Act of the 96th General Assembly apply to a decedent whose date 
of death is  on or after July 2, 2010 (the effective date of 
Public Act 96-968). The changes to this Section made by this 
amendatory Act of the 100th General Assembly apply to a 
decedent whose date of death is on or after the effective date 
of this amendatory Act of the 100th

General Assembly this 
amendatory Act of the 96th

General Assembly. 

(Source: P.A. 96-968, eff. 7-2-10.)

 



    (755 ILCS 5/15-2)  (from Ch. 110 1/2, par. 15-2)



    Sec. 15-2. Child's award. 

    (a) If a minor or adult dependent child of the decedent 
does not reside
with the surviving spouse of the decedent at 
the time of the decedent's death,
there shall be allowed to 
that child, exempt from the enforcement of a
judgment, 
garnishment or attachment in the possession of the

representative, a sum of money that the court deems reasonable 
for the
proper support of the child for the period of 9 months 
after the death of
the decedent, in a manner suited to the 
condition in life of the minor
child and to the condition of 
the estate. The award may in no case be less
than $10,000 and 
shall be paid for the benefit of the child to such person
as 
the court directs.

    (b) If a deceased resident of this State leaves no

surviving spouse, there shall be allowed to all children of the

decedent who were minors at the date of death and all adult

dependent children, exempt from the enforcement of a judgment, 
garnishment
or attachment in the possession of the 
representative, a sum of money that
the court deems reasonable 
for the proper support of those children for the
period of 9 
months after the death of the decedent in a manner suited to

the condition in life of those children and to the condition of 
the estate.
The award may in no case be less than $10,000 for 
each of those children,
together with an additional sum not 
less than $20,000 that shall be divided
equally among those 
children or apportioned as the court directs and that
shall be 
paid for the benefit of any of those children to any person 
that
the court directs.

    (b-5) If an adult child of the decedent is likely to become 
a public charge and was financially dependent on the decedent 
at the time of the decedent's death, and if the adult child of 
the decedent did not reside with the surviving spouse of the 
decedent at the time of the decedent's death, there shall be 
allowed to that adult child, exempt from the enforcement of a 
judgment, garnishment, or attachment in the possession of the 
representative, a sum of money that the court deems reasonable, 
or agreed upon by the surviving spouse and representative of 
the decedent's estate or affiant under a small estate affidavit 
pursuant to Section 25-1, for the proper support of the adult 
child for the period of 9 months after the death of the 
decedent, in a manner suited to the condition of life of the 
adult child and to the condition of the estate.  The award shall 
be at least $5,000 and shall otherwise be consistent with the 
financial support that the decedent was providing the adult 
child immediately prior to the decedent's death. The award 
shall be paid for the benefit of the adult child to such person 
as the court or affiant under a small estate affidavit pursuant 
to Section 25-1 directs.  Within 30 days after receiving written 
notice of this potential award from the representative of the 
decedent's estate or from the affiant under a small estate 
affidavit pursuant to Section 25-1, the adult child, or the 
adult child's agent or guardian or other adult on behalf of the 
adult child, shall provide written notice to the representative 
or affiant, asserting that the adult child was financially 
dependent on the decedent at the time of the decedent's death 
and that the adult child did not reside with the surviving 
spouse at the time of the decedent's death.  Failure to provide 
such written notice to the representative or affiant within 30 
days after receiving notice from the representative or affiant 
shall be a bar to the right to receive the award.  The notice by 
the representative may be combined with the notices given 
pursuant to Sections 6-21 and 8-1.
    (c) The changes made by Public Act 96-968 this amendatory 
Act of the 96th General Assembly apply to a decedent whose date 
of death is on or after July 2, 2010 (the effective date of 
Public Act 96-968). The changes to this Section made by this 
amendatory Act of the 100th General Assembly apply to a 
decedent whose date of death is on or after the effective date 
of this amendatory Act of the 100th

General Assembly this 
amendatory Act of the 96th

General Assembly. 
(Source: P.A. 96-968, eff. 7-2-10.)