Descent and Distribution

P.A. 90-237 (effective January 1, 1998) (Probate Act of 1975. 755 ILCS 5. Sections: 755 ILCS 5/2-2, Illegitimates and 755 ILCS 5/2-4, Adopted Child; Instruments Regarding Adopted Children Act. 760 ILCS 30. Section: 760 ILCS 30/1, Property Rights) made extensive modifications to Section 2-4 of the Probate Act. Two significant changes are summarized here. Section 2-4 was modified to provide that, if an adopted child was adopted after attaining the age of 18 years and had never previously resided with the adopting parent, the adopted child is not a descendant of the adopting parent for the purposes of inheriting from the lineal or collateral kindred of the adopting parent. In addition, an adopted child and the descendants of an adopted child who is related to a decedent through more than one line of relationship will be entitled to inherit only one share based upon the relationship that entitles the adopted child or descendant to the largest share.

P.A. 90-237 also modified the Probate Act as it relates to an adopted child's inheritance rights from his or her natural parents. For purposes of inheritance from or through a natural parent and for determining property rights under any instrument, an adopted child is not the child nor the descendant of the natural parents, or the lineal or collateral kindred of the natural parents, unless one of following three conditions apply: (1) the child is adopted by a descendant or a spouse of a descendant of the child's great-grandparent; (2) a natural parent of the adopted child died before the child was adopted; or (3) the contrary intent is demonstrated in the instrument with clear and convincing evidence. P.A. 90-237 further modified Section 2-2 of the Probate Act to provide that once an illegitimate person is adopted, the relationship to his or her adopting and natural parents will be governed by Section 2-4 of the Probate Act.

The Instruments Regarding Adopted Children Act was modified to comply with the above changes to the Probate Act. In essence, this Act was deleted and it now states that the determination of property rights for an adopted child under any nontestimentary instrument are defined in Section 2-4 of the Probate Act.

These changes, for purposes of inheritance, apply to all decedents who die on or after January 1, 1998. For the purpose of determining the property rights of any person under any instrument, these changes apply to all instruments executed on or after January 1, 1998.

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