Illinois 99th Regular Session Status: Enacted

SB 90 — PROBATE-DISABLED PERSONS-WILLS

Last action — Public Act . . . . . . . . . 99-0302

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Probate Act of 1975. Provides that there is a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. Provides that the presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed.

Bill Text

What changed in the latest version

194 added · 189 removed

Plain-language change summary

The amended version of Bill SB 90 adds specific conditions regarding the capacity of a testator (the person making a will) to create or modify their will. Now, the bill states that if a plenary or limited guardian has been appointed and a court finds the testator lacks testamentary capacity, there's a presumption that the testator cannot execute a will unless proven otherwise. This change is significant because it provides clearer guidelines for determining a person's ability to manage their estate, ensuring that their rights are respected while also protecting those who may not have the mental capacity to make such decisions.

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SB0090 Engrossed LRB099 05209 HEP 25243 b AN ACT concerning civil law.
SB0090 Enrolled LRB099 05209 HEP 25243 b AN ACT concerning civil law.
(b) Except as stated herein, there is a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled under Article XIa of this Act.
(b) Except as stated herein, there is a rebuttable presumption that a will or codicil is void if it was executed or modified after the testator is adjudicated disabled under Article XIa of this Act and either (1) a plenary guardian has been appointed for the testator under subsection (c) of Section 11a-12 of this Act or (2) a limited guardian has been appointed for the testator under subsection (b) of Section 11a-12 of this Act and the court has found that the testator lacks testamentary capacity.
The rebuttable presumption does not apply if the will or codicil was completed in compliance with subsection (d-5) of Section lla-18 of this Act.
The rebuttable presumption does not apply if the will or codicil was completed in compliance with SB0090 Enrolled - 2 - LRB099 05209 HEP 25243 b subsection (d-5) of Section lla-18 of this Act.
80-808.) SB0090 Engrossed - 2 - LRB099 05209 HEP 25243 b (755 ILCS 5/11a-18) (from Ch.
80-808.) (755 ILCS 5/11a-18) (from Ch.
If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance or other similar benefits made directly to the estate by the Veterans Administration, notice of the application for leave to invest or expend the ward's funds or estate, together with a copy of the petition and proposed order, shall be given to the Veterans' Administration Regional Office in this State at least 7 days before the hearing on the application.
If the estate of a ward is derived in whole or in part from payments of compensation, adjusted compensation, pension, insurance or other similar benefits made directly to the estate by the Veterans SB0090 Enrolled - 3 - LRB099 05209 HEP 25243 b Administration, notice of the application for leave to invest or expend the ward's funds or estate, together with a copy of the petition and proposed order, shall be given to the Veterans' Administration Regional Office in this State at least 7 days before the hearing on the application.
SB0090 Engrossed - 3 - LRB099 05209 HEP 25243 b (a-5) The probate court, upon petition of a guardian, other than the guardian of a minor, and after notice to all other persons interested as the court directs, may authorize the guardian to exercise any or all powers over the estate and business affairs of the ward that the ward could exercise if present and not under disability.
(a-5) The probate court, upon petition of a guardian, other than the guardian of a minor, and after notice to all other persons interested as the court directs, may authorize the guardian to exercise any or all powers over the estate and business affairs of the ward that the ward could exercise if present and not under disability.
(1) making gifts of income or principal, or both, of the estate, either outright or in trust;
(1) making gifts of income or principal, or both, of SB0090 Enrolled - 4 - LRB099 05209 HEP 25243 b the estate, either outright or in trust;
SB0090 Engrossed - 4 - LRB099 05209 HEP 25243 b (3) releasing or disclaiming his or her powers as trustee, personal representative, custodian for minors, or guardian;
(3) releasing or disclaiming his or her powers as trustee, personal representative, custodian for minors, or guardian;
(i) life insurance policies, plans, or benefits, (ii) annuity policies, plans, or benefits, (iii) mutual fund and other dividend investment plans, (iv) retirement, profit sharing, and employee welfare plans and benefits;
(i) life insurance policies, plans, or benefits, (ii) annuity policies, plans, or benefits, (iii) mutual fund and other dividend investment plans, (iv) retirement, profit sharing, and employee SB0090 Enrolled - 5 - LRB099 05209 HEP 25243 b welfare plans and benefits;
SB0090 Engrossed - 5 - LRB099 05209 HEP 25243 b (10) changing the ward's residence or domicile;
(10) changing the ward's residence or domicile;
The guardian shall also indicate in the petition that any planned disposition is consistent with the intentions of the ward insofar as they can be ascertained, and if the ward's intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidents of various forms of taxation and the partial distribution of his or her estate as provided in this subsection.
The guardian shall also indicate in the petition that any planned disposition is consistent with the intentions of the ward insofar as they can be ascertained, and if the ward's intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidents of various forms of taxation and the partial distribution of his or her estate as provided SB0090 Enrolled - 6 - LRB099 05209 HEP 25243 b in this subsection.
SB0090 Engrossed - 6 - LRB099 05209 HEP 25243 b (b) Upon the direction of the court which issued his letters, a guardian may perform the contracts of his ward which were legally subsisting at the time of the commencement of the ward's disability.
(b) Upon the direction of the court which issued his letters, a guardian may perform the contracts of his ward which were legally subsisting at the time of the commencement of the ward's disability.
Without impairing the power of the court in any respect, if the guardian of the estate of a ward and another person as next friend shall appear for and represent the ward in a legal proceeding in which the compensation of the attorney or attorneys representing the guardian and next friend is solely determined under a contingent fee arrangement, the guardian of the estate of the ward shall not participate in or have any duty to review the prosecution of the action, to participate in or review the appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action.
Without impairing the power of the court in any respect, if the guardian of the estate of a ward and another person as next friend shall appear for and represent the ward in a legal proceeding in which the compensation of the attorney or attorneys representing the guardian and next friend is solely determined under a contingent fee arrangement, the guardian of the estate of the ward shall not participate in or have any duty to review the prosecution of the action, to participate in or review the SB0090 Enrolled - 7 - LRB099 05209 HEP 25243 b appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or SB0090 Engrossed - 7 - LRB099 05209 HEP 25243 b otherwise terminate a trust which is revocable by the ward.
(d) Adjudication of disability shall not revoke or otherwise terminate a trust which is revocable by the ward.
In so ordering, the court shall authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil.
In so SB0090 Enrolled - 8 - LRB099 05209 HEP 25243 b ordering, the court shall authorize the guardian to retain independent counsel for the ward with whom the ward may execute or modify a will or codicil.
(e) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the SB0090 Engrossed - 8 - LRB099 05209 HEP 25243 b principal under an agency that survives disability, the guardian will have no power, duty or liability with respect to any property subject to the agency.
(e) Absent court order pursuant to the Illinois Power of Attorney Act directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian will have no power, duty or liability with respect to any property subject to the agency.
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Action History

  1. Public Act . . . . . . . . . 99-0302

  2. Effective Date January 1, 2016

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs 059-000-000

  7. House Floor Amendment No. 1 Senate Concurs 059-000-000

  8. Added as Co-Sponsor Sen. Martin A. Sandoval

  9. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 011-000-000

  10. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  11. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 26, 2015

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Third Reading - Short Debate - Passed 106-000-000

  16. Final Action Deadline Extended-9(b) May 31, 2015

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. Held on Calendar Order of Second Reading - Short Debate

  19. House Floor Amendment No. 1 Adopted

  20. Second Reading - Short Debate

  21. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 011-000-000

  22. House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  23. House Floor Amendment No. 1 Referred to Rules Committee

  24. House Floor Amendment No. 1 Filed with Clerk by Rep. Peter Breen

  25. Placed on Calendar 2nd Reading - Short Debate

  26. Do Pass / Short Debate Judiciary - Civil Committee; 010-000-000

  27. Assigned to Judiciary - Civil Committee

  28. Referred to Rules Committee

  29. First Reading

  30. Chief House Sponsor Rep. Peter Breen

  31. Arrived in House

  32. Third Reading - Passed; 055-000-000

  33. Placed on Calendar Order of 3rd Reading April 16, 2015

  34. Second Reading

  35. Placed on Calendar Order of 2nd Reading March 25, 2015

  36. Do Pass as Amended Judiciary; 012-000-000

  37. Senate Committee Amendment No. 1 Adopted

  38. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  39. Senate Committee Amendment No. 1 Referred to Assignments

  40. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein

  41. Postponed - Judiciary

  42. Postponed - Judiciary

  43. Postponed - Judiciary

  44. Postponed - Judiciary

  45. Assigned to Judiciary

  46. Referred to Assignments

  47. First Reading

  48. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Ira I. Silverstein · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Ira I. Silverstein

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 42000
Republican 4000
Democrat 13000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McConnaughay — Yea
Muñoz — Yea
Hutchinson — Yea
Kotowski — Yea
LaHood — Yea
Landek — Yea
Luechtefeld — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
Mulroe — Yea
Bennett — Yea
Harris — Yea
Nybo — Yea
Silverstein — Yea
Steans — Yea
McGuire — Yea
Brady — Yea
Trotter — Yea
Sullivan — Yea
Cullerton, T. — Yea
Cullerton — Yea
Clayborne — Yea
Connelly — Yea
Duffy — Yea
Forby — Yea
Haine — Yea
Noland — Yea
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 75009
Democrat 26002
Republican 5001
Total 1060012
% of votes cast 90%0%0%10%
How each member voted (118)
Member Party Vote
Sandack — Yea
Sommer — Yea
Soto — Not Voting
Wehrli — Yea
Yingling — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
Conroy — Yea
Moffitt — Yea
Costello — Yea
Durkin — Yea
Jackson — Yea
Jesiel — Not Voting
Phelps — Yea
Sente — Yea
Bennett — Yea
Harris, David — Yea
Harris, Greg — Yea
Bradley — Yea
Brady — Yea
Hernandez — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Golar — Yea
Lang — Yea
Leitch — Yea
Madigan — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
McAsey — Yea
Sullivan — Yea
McAuliffe — Yea
McDermed — Yea
McSweeney — Yea
Smiddy — Yea
Stewart — Not Voting
Tabares — Yea
Thapedi — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Tryon — Yea
Williams — Yea
Turner — Yea
Mitchell, Bill — Yea
Unes — Yea
Mitchell, Christian — Yea
Verschoore — Yea
Wallace — Yea
Willis — Yea
Winger — Yea
Zalewski — Yea
Jones — Not Voting
Cavaletto — Yea
Cloonen — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Hays — Not Voting
Hurley — Yea
Ives — Not Voting
Kay — Yea
Davis, Monique — Not Voting
Nekritz — Yea
Phillips — Not Voting
Poe — Yea
Pritchard — Not Voting
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Not Voting
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 38004
Republican 4000
Democrat 13000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Mulroe — Yea
Muñoz — Yea
Link — Yea
Luechtefeld — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Silverstein — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Duffy — Yea
Haine — Yea
Hutchinson — Yea
Sullivan — Yea
Kotowski — Yea
LaHood — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Not Voting
Nybo — Yea
Oberweis — Yea
Clayborne — Yea
Connelly — Yea
Forby — Not Voting
Trotter — Yea
Noland — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 90 do?
Amends the Probate Act of 1975. Provides that there is a rebuttable presumption that a will is void if it was executed or modified after the testator has been adjudicated disabled and the will was executed or modified without court approval. Provides that the presumption is overcome by clear and convincing evidence that the testator had the capacity to execute the will or codicil at the time the will or codicil was executed.
Who sponsors SB 90?
SB 90 is sponsored by Ira I. Silverstein.
What is the current status of SB 90?
This bill has been enacted into law. Introduced January 28, 2015. Enacted.
Where can I track SB 90?
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