Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2109 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2109 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1 Amends the Probate Act of 1975. Provides that upon the filing of a petition by a representative of a ward, the court must order a citation to issue for the appearance before it of any person or agent of a financial institution that the petitioner believes to have improperly withheld or concealed the assets of a person with a disability. Provides that the petition must contain a request for the relief sought. Provides that it is improper for a financial institution to fail to comply with a representative's directions regarding the collection, transfer, distribution, or delivery of the assets of a person with a disability upon presentation of the representative's letters of office or a court order directing the collection, transfer, distribution, or delivery of the assets of a person with a disability. LRB104 11232 JRC 21314 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2109 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1 755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1 Amends the Probate Act of 1975. Provides that upon the filing of a petition by a representative of a ward, the court must order a citation to issue for the appearance before it of any person or agent of a financial institution that the petitioner believes to have improperly withheld or concealed the assets of a person with a disability. Provides that the petition must contain a request for the relief sought. Provides that it is improper for a financial institution to fail to comply with a representative's directions regarding the collection, transfer, distribution, or delivery of the assets of a person with a disability upon presentation of the representative's letters of office or a court order directing the collection, transfer, distribution, or delivery of the assets of a person with a disability. LRB104 11232 JRC 21314 b LRB104 11232 JRC 21314 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2109 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3	3	755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1 755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1
4	4	755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1
5	5	Amends the Probate Act of 1975. Provides that upon the filing of a petition by a representative of a ward, the court must order a citation to issue for the appearance before it of any person or agent of a financial institution that the petitioner believes to have improperly withheld or concealed the assets of a person with a disability. Provides that the petition must contain a request for the relief sought. Provides that it is improper for a financial institution to fail to comply with a representative's directions regarding the collection, transfer, distribution, or delivery of the assets of a person with a disability upon presentation of the representative's letters of office or a court order directing the collection, transfer, distribution, or delivery of the assets of a person with a disability.
6	6	LRB104 11232 JRC 21314 b LRB104 11232 JRC 21314 b
7	7	LRB104 11232 JRC 21314 b
8	8	A BILL FOR
9	9	SB2109LRB104 11232 JRC 21314 b SB2109 LRB104 11232 JRC 21314 b
10	10	SB2109 LRB104 11232 JRC 21314 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Probate Act of 1975 is amended by changing
15	15	5 Section 16-1 as follows:
16	16	6 (755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
17	17	7 Sec. 16-1. Citation on behalf of estate.
18	18	8 (a) Upon the filing of a petition therefor by the
19	19	9 representative or by any other person interested in the estate
20	20	10 or, in the case of an estate of a ward by any other person, the
21	21	11 court shall order a citation to issue for the appearance
22	22	12 before it of any person whom the petitioner believes (1) to
23	23	13 have concealed, converted or embezzled or to have in his
24	24	14 possession or control any personal property, books of account,
25	25	15 papers or evidences of debt or title to lands which belonged to
26	26	16 a person whose estate is being administered in that court or
27	27	17 which belongs to his estate or to his representative or (2) to
28	28	18 have information or knowledge withheld by the respondent from
29	29	19 the representative and needed by the representative for the
30	30	20 recovery of any property by suit or otherwise. The petition
31	31	21 shall contain a request for the relief sought.
32	32	22 (a-5) Upon the filing of a petition by a representative of
33	33	23 a ward, the court shall order a citation to issue for the
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2109 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
38	38	755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1 755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1
39	39	755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1
40	40	Amends the Probate Act of 1975. Provides that upon the filing of a petition by a representative of a ward, the court must order a citation to issue for the appearance before it of any person or agent of a financial institution that the petitioner believes to have improperly withheld or concealed the assets of a person with a disability. Provides that the petition must contain a request for the relief sought. Provides that it is improper for a financial institution to fail to comply with a representative's directions regarding the collection, transfer, distribution, or delivery of the assets of a person with a disability upon presentation of the representative's letters of office or a court order directing the collection, transfer, distribution, or delivery of the assets of a person with a disability.
41	41	LRB104 11232 JRC 21314 b LRB104 11232 JRC 21314 b
42	42	LRB104 11232 JRC 21314 b
43	43	A BILL FOR
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49	49	755 ILCS 5/16-1 from Ch. 110 1/2, par. 16-1
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67	67	SB2109 - 2 - LRB104 11232 JRC 21314 b
68	68	1 appearance before it of any person or agent of a financial
69	69	2 institution that the petitioner believes to have improperly
70	70	3 withheld or concealed the assets of a person with a
71	71	4 disability. The petition must contain a request for the relief
72	72	5 sought. It is improper for a financial institution to fail to
73	73	6 comply with a representative's directions regarding the
74	74	7 collection, transfer, distribution, or delivery of the assets
75	75	8 of a person with a disability upon presentation of the
76	76	9 representative's letters of office or a court order directing
77	77	10 the collection, transfer, distribution, or delivery of the
78	78	11 assets of a person with a disability.
79	79	12 (b) The citation must be served not less than 10 days
80	80	13 before the return day designated in the citation and must be
81	81	14 served and returned in the manner provided for summons in
82	82	15 civil cases. If there is a personal representative who is not
83	83	16 the respondent, notice of the proceeding shall be given by
84	84	17 mail or in person to the personal representative not less than
85	85	18 5 days before the return day designated in the citation.
86	86	19 (c) If the representative is the respondent, the court may
87	87	20 appoint a special administrator to represent the estate. The
88	88	21 court may permit the special administrator to prosecute or
89	89	22 defend an appeal.
90	90	23 (d) The court may examine the respondent on oath whether
91	91	24 or not the petitioner has proved the matters alleged in the
92	92	25 petition, may hear the evidence offered by any party, may
93	93	26 determine all questions of title, claims of adverse title and
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109	109	SB2109 - 3 - LRB104 11232 JRC 21314 b