(205 ILCS 625/1) (from Ch. 17, par. 2131)
Sec. 1. This Act may be
cited as the "Illinois Trust and Payable on Death Accounts
Act".
(Source: P.A. 84-461.)
|
(205 ILCS 625/2) (from Ch. 17, par. 2132)
Sec. 2. Definitions. As
used in this Act, the following words have the meanings ascribed
to them as set forth herein:
(a) "Institution" includes
any bank as defined in Section 2 of the Illinois Banking Act,
any association as defined in Section 1-10.03 of the Illinois
Savings and Loan Act, any insured savings bank as defined in
Section 1007.75 of the Savings Bank Act, or any credit union
as defined in Section 1.1 of the Illinois Credit Union Act, and
similar federal institutions.
(b) "Account" includes
any account, deposit, certificate of deposit, withdrawable capital
account or credit union share in any institution.
(Source: P.A. 92-285, eff.
1-1-02.)
|
(205 ILCS 625/3) (from Ch. 17, par. 2133)
Sec. 3. Trust Account Incidents.
If one or more persons opening or holding an account sign an
agreement with the institution providing that the account shall
be held in the name of a person or persons designated as trustee
or trustees for one or more persons designated as a beneficiary
or beneficiaries, the account and any balance therein which exists
from time to time shall be held as a trust account and unless
otherwise agreed in writing between the person or persons opening
or holding the account and the institution:
(a) If two or more persons
are designated trustees of the account, as between them they
shall hold the account and all balances therein which exist from
time to time as joint tenants with right of survivorship and
not as tenants in common;
(b) Any trustee during his
or her lifetime may change any of the designated beneficiaries
without the knowledge or consent of the other trustees or the
beneficiaries by a written instrument accepted by the institution;
(c) Any trustee may make
additional deposits to and withdraw any part or all of the account
at any time without the knowledge or consent of the other trustees
or the beneficiaries, subject to the bylaws and regulations of
the institution, and all withdrawals shall constitute a revocation
of the agreement as to the amount withdrawn; and
(d) Upon the death of the
last surviving trustee the person designated as the beneficiary
who is then living shall be the sole holder of the account, unless
more than one beneficiary is named and then living in which case
said beneficiaries shall hold the account in equal shares as
tenants in common. If no beneficiary is then living, the proceeds
shall vest in the estate of the last surviving trustee.
(Source: P.A. 84-461.)
|
(205 ILCS 625/4) (from Ch. 17, par. 2134)
Sec. 4. Payable on Death
Account Incidents. If one or more persons opening or holding
an account sign an agreement with the institution providing that
on the death of the last surviving person designated as holder
the account shall be paid to or held by another person or persons,
the account, and any balance therein which exists from time to
time, shall be held as a payment on death account and unless
otherwise agreed in writing between the person or persons opening
or holding the account and the institution:
(a) Any holder during his
or her lifetime may change any of the designated persons to own
the account at the death of the last surviving holder without
the knowledge or consent of any other holder or the designated
persons by a written instrument accepted by the institution;
(b) Any holder may make
additional deposits to and withdraw any part or all of the account
at any time without the knowledge or consent of any other holder
or the designated person or persons to own the account at the
death of the last surviving holder, subject to the bylaws and
regulations of the institution, and all withdrawals shall constitute
a revocation of the agreement as to the amount withdrawn; and
(c) Upon the death of the
last surviving holder of the account, the person so designated
to be the owner of the account who is then living shall be the
sole owner of the account, unless more than one person is so
designated and then living in which case those persons shall
hold the account in equal shares as tenants in common with no
right of survivorship as between those persons. If no person
designated as the owner of the account on the death of the last
surviving holder is then living, the proceeds shall vest in the
estate of the last surviving holder of the account.
(Source: P.A. 92-285, eff.
1-1-02.)
|
(205 ILCS 625/5) (from Ch. 17, par. 2135)
Sec. 5. Release. Any payments
made by an institution in compliance with this Act prior to the
receipt of notice of an adverse claim or a restraining order
shall be a complete discharge of the institution's obligations
as to the amount so paid, and the institution shall, to the extent
of each such payment, be released from all claims of any person
claiming an interest in the account for such payment so made.
(Source: P.A. 84-461.)
|
|