New Illinois Law on “Presumptively Void” Bequests to Non-Family Caregivers
Illinois adopted a new law, Public Act 098-1093, effective on January 1, 2015 that assigns a “presumptively void” status to bequests made to non-family caregivers, if the transfer would take effect upon the death of the cared-for person. The law applies only to post-effective date bequests that are greater than $20,000 in fair market value. The statutory presumption can be “overcome if the transferee proves to the court” either:
by a preponderance of the evidence that the transferee’s share under the transfer instrument is not greater than the share the transferee was entitled to receive under … a transfer instrument in effect prior to the transferee becoming a caregiver, or
by clear and convincing evidence the transfer was not the product of fraud, duress or undue influence.
The law only applies in civil actions where the transfer is challenged by other beneficiaries or heirs.
Thanks to Katherine C. Pearson, Dickinson Law, Penn State