PROBATE ACT TRANSFER CAREGIVER
Summary
Amends the Presumptively Void Transfers Article of the Probate Act of 1975. Includes a civil union partner within the scope of the term "family member" and includes a transfer on death instrument within the scope of the term "transfer instrument". Makes changes regarding the rebuttable presumption that a transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000. Provides that if the property in question is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property when the transfer is challenged. Effective immediately.
Bill status
signed
all 5 stages cleared
Introduction
May 2018
Committee Review
May 2018
House Passage
May 2018
Senate Passage
May 2018
Signed into Law
Aug 2018
Introduced May 1, 2018
Signed Aug 24, 2018
Floor votes · Senate May 29, 2018 · House Apr 27, 2018
How they voted
50–0
Passed · 2 other
Total votes 52
May 29, 2018
D
Democratic32
100% Yea
R
Republican20
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
37
Key actions
12
Committee
12
Amendments
2
Aug 24, 2018
Signed into law
Governor Approved
lower
May 29, 2018
Lower · Passed
Passed Both Houses
lower
May 29, 2018
Senate · Passed
Senate Vote: pass (50-0-2)
senate
May 9, 2018
Upper · Passed
Do Pass Judiciary; 009-000-000
upper
May 2, 2018
Committee
Assigned to Judiciary
upper
May 1, 2018
Committee
Referred to Assignments
upper
May 1, 2018
Introduced
Arrive in Senate
upper
Apr 27, 2018
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 27, 2018
House · Passed
House Vote: pass (93-0-11)
house
Apr 25, 2018
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 006-000-000
lower
Apr 19, 2018
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
lower
Apr 18, 2018
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 18, 2018
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
lower
Apr 10, 2018
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 011-000-000
lower
Apr 10, 2018
Lower · Passed
Reported Back To Judiciary - Civil Committee;
lower
Apr 10, 2018
Lower · Passed
Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
lower
Mar 7, 2018
Lower · Passed
To Trusts & Estates Law Subcommittee
lower
Feb 27, 2018
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 14, 2018
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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