State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0349

SB115 Enrolled                                 LRB9100695PTpk

    AN   ACT   to   amend    the    Illinois    Estate    and
Generation-Skipping Transfer Tax Act by changing Section 12.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Estate  and  Generation-Skipping
Transfer  Tax  Act  is  amended  by  changing  Section  12 as
follows:

    (35 ILCS 405/12) (from Ch. 120, par. 405A-12)
    Sec. 12.  Parent as  natural  guardian  for  purposes  of
Sections Section 2032A and 2057 of the Internal Revenue Code.
A  parent,  without being appointed guardian of the person or
guardian of the estate, or a guardian of the estate,  or,  if
no  guardian  of the estate has been appointed, a guardian of
the person, of any minor or disabled person whose interest is
not adverse to the minor or disabled  person,  may  make  any
election  and  sign, without court approval, any agreement on
behalf of the minor or  disabled  person  under  (i)  Section
2032A  of  the  Internal  Revenue  Code  for the valuation of
property under that Section  or  (ii)  Section  2057  of  the
Internal  Revenue  Code relating to deduction of the value of
certain property under that Section on behalf of the minor or
disabled person. Any election so made, and any  agreement  so
signed,  shall have the same legal force and effect as if the
election had been made and the agreement had been  signed  by
the minor or disabled person and the minor or disabled person
had been legally competent.
    This  amendatory Act of the 91st General Assembly applies
to elections and agreements made on or after January 1,  1998
in  reliance  on  or pursuant to Section 2057 of the Internal
Revenue Code, and those elections and agreements made  before
the   effective  date  of  this  amendatory  Act  are  hereby
validated.
(Source: P.A. 86-737.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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