755 ILCS 5 Probate Act of 1975
755 ILCS 8 Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
755 ILCS 10 Uniform International Wills Act
755 ILCS 15 Safety Deposit Box Opening Act
755 ILCS 20 Escheats Act
755 ILCS 25 Lifetime Transfer of Property Act
755 ILCS 27 Illinois Residential Real Property Transfer on Death Instrument Act
755 ILCS 30 Third Party Beneficiary Contract Act
755 ILCS 35 Illinois Living Will Act
755 ILCS 40 Health Care Surrogate Act
755 ILCS 43 Mental Health Treatment Preference Declaration Act
755 ILCS 45 Illinois Power of Attorney Act
755 ILCS 50 Illinois Anatomical Gift Act
755 ILCS 65 Disposition of Remains Act
755 ILCS 66 Disposition of Remains of the Indigent Act
755 ILCS 70 Revised Uniform Fiduciary Access to Digital Assets Act (2015)
755 ILCS 75 Uniform Partition of Heirs Property Act

Terms Used In Illinois Compiled Statutes > Chapter 755 - Estates

  • Administrative separation: means a parent's, legal guardian's, legal custodian's, or primary caretaker's: (1) arrest, detention, incarceration, removal, or deportation in connection with federal immigration enforcement; or (2) receipt of official communication by federal, State, or local authorities regarding immigration enforcement that gives reasonable notice that care and supervision of the child by the parent, legal guardian, legal custodian, or primary caretaker will be interrupted or cannot be provided. See Illinois Compiled Statutes 755 ILCS 5/11-1
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • Attending physician: means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means any Municipal Zoo Authority, as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • Board: means the governing and administrative body of any Municipal Zoo Authority, as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Caregiver: includes a caregiver's spouse, cohabitant, child, or employee. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Family member: means a spouse, civil union partner, child, grandchild, sibling, aunt, uncle, niece, nephew, first cousin, or parent of the person receiving assistance. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Health care: means any care, treatment, service or procedure to maintain, diagnose, treat or provide for the patient's physical or mental health or personal care. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Health care agency: means an agency governing any type of health care, anatomical gift, autopsy or disposition of remains for and on behalf of a patient and refers, in either hard copy or electronic format, to the power of attorney or other written instrument defining the agency or the agency, itself, as appropriate to the context. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Health care agent: means an individual at least 18 years old designated by the principal to make health care decisions of any type, including, but not limited to, anatomical gift, autopsy, or disposition of remains for and on behalf of the individual. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Legatee: A beneficiary of a decedent
  • Metropolitan Area: means all that territory in the State of Illinois lying within the corporate boundaries of the municipality or municipalities establishing an authority as provided in this Division. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Minor: means is a person who has not attained the age of 18 years. See Illinois Compiled Statutes 755 ILCS 5/11-1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Patient: means the principal or, if the agency governs health care for a minor child of the principal, then the child. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: means any individual, firm, partnership, corporation, both domestic and foreign, company, association or joint stock association; and includes any trustee, receiver, assignee or personal representative thereof. See Illinois Compiled Statutes 65 ILCS 5/11-48.3-2
  • Person under legal disability: means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his or her person or estate, or (b) is a person with mental illness or is a person with developmental disabilities and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, or (c) because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, so spends or wastes his or her estate as to expose himself or herself or his or her family to want or suffering. See Illinois Compiled Statutes 5 ILCS 70/1.06
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • provider: means the attending physician and any other person administering health care to the patient at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. See Illinois Compiled Statutes 755 ILCS 45/4-4
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transfer instrument: means the legal document intended to effectuate a transfer effective on or after the transferor's death and includes, without limitation, a will, trust, transfer on death instrument, deed, form designated as payable on death, contract, or other beneficiary designation form. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferee: means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Transferor: means a testator, settlor, grantor of a deed, or a decedent whose interest is transferred pursuant to a nonprobate transfer. See Illinois Compiled Statutes 755 ILCS 5/4a-5
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Wills: includes codicils. See Illinois Compiled Statutes 5 ILCS 70/1.13