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Sen. Ira I. Silverstein
Filed: 2/24/2014
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| 1 | | AMENDMENT TO SENATE BILL 2904
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2904 on page 1, |
| 3 | | line 5, by changing "Section 15-2" to "Sections 15-1 and 15-2"; |
| 4 | | and
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| 5 | | on page 1, by inserting immediately below line 5 the following:
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| 6 | | "(755 ILCS 5/15-1) (from Ch. 110 1/2, par. 15-1)
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| 7 | | Sec. 15-1. Spouse's award.
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| 8 | | (a) The surviving spouse of
a deceased resident of this |
| 9 | | State whose estate, whether
testate or intestate, is |
| 10 | | administered in this State, shall be
allowed as the surviving |
| 11 | | spouse's own property, exempt from the enforcement
of a |
| 12 | | judgment, garnishment or attachment in the possession of the
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| 13 | | representative, a sum of money that the court deems reasonable
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| 14 | | for the proper support of the surviving spouse for the
period |
| 15 | | of 9 months after the death of the decedent in a manner
suited |
| 16 | | to the condition in life of the surviving spouse
and to the |
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| | 09800SB2904sam001 | - 2 - | LRB098 19429 HEP 55994 a |
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| 1 | | condition of the estate and an additional sum
of money that the |
| 2 | | court deems reasonable for the proper
support, during that |
| 3 | | period, of minor and adult developmentally disabled dependent
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| 4 | | children of the decedent who reside with the surviving spouse |
| 5 | | at
the time of decedent's death. The award may in no case
be |
| 6 | | less than $20,000, together with an additional sum not
less |
| 7 | | than $10,000 for each such child. The award shall be
paid to |
| 8 | | the surviving spouse at such time or times, not
exceeding 3 |
| 9 | | installments, as the court directs. If the
surviving spouse |
| 10 | | dies before the award for his support is paid
in full, the |
| 11 | | amount unpaid shall be paid to his estate. If
the surviving |
| 12 | | spouse dies or abandons a child before the
award for the |
| 13 | | support of a child is paid in full, the amount
unpaid shall be |
| 14 | | paid for the benefit of the child to such
person as the court |
| 15 | | directs.
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| 16 | | (b) The surviving spouse is entitled to the award
unless |
| 17 | | the will of the decedent expressly provides that the
provisions |
| 18 | | thereof for the surviving spouse are in lieu of
the award and |
| 19 | | the surviving spouse does not renounce the will. |
| 20 | | (c) The changes made by this amendatory Act of the 96th |
| 21 | | General Assembly apply to a decedent whose date of death is on |
| 22 | | or after the effective date of this amendatory Act of the 96th
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| 23 | | General Assembly.
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| 24 | | (Source: P.A. 96-968, eff. 7-2-10.)"; and
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| 25 | | on page 1, lines 8 and 22, by replacing "dependent" each time |