HB 1268

Abstract

Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Probate Act of 1975. In addition to the requirements needed to qualify to act as an executor, requires the person to not be currently incarcerated in State or federal prison. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony prior to the execution of the will or codicil; (ii) the person is not prohibited by law from receiving a share of the testator's estate; and (iii) the person is otherwise qualified to act as an executor. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: Provides that the person who has been convicted of a felony is qualified to act as an executor if, among other requirements, the felony is a financial crime and the testator is aware that the felony is financial in nature. Senate Committee Amendment No. 2 Provides that a person who has been convicted of a felony is qualified to act as an executor if, among other criteria, the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court. Senate Floor Amendment No. 4 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change. Provides that a person who has been convicted of a felony is qualified to act as an executor if, among other criteria, the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court.