Illinois Compiled Statutes 755 ILCS 27/21 – Trust as beneficiary
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Terms Used In Illinois Compiled Statutes 755 ILCS 27/21
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
A transfer of real property by a transfer on death instrument to a trustee of a trust that is in existence when the owner executes a transfer on death instrument and that is identified in the transfer on death instrument, to a trustee of a trust created under the owner’s will, to a trustee of a trust created under the transfer on death instrument, or to a trustee of a trust under the will of another individual if that individual has predeceased the owner, is permitted even if the trust is subject to amendment, modification, revocation, or termination. Unless the transfer on death instrument provides otherwise, the real property transferred shall be governed by the terms and provisions of the instrument creating the trust, including any amendments or modifications in writing made at any time before or after the execution of the owner’s transfer on death instrument and after the death of the owner. The existence or lack thereof of a trust corpus is immaterial to the validity of the transfer by the transfer on death instrument. Unless the transfer on death instrument provides otherwise, a revocation or termination of the trust before the owner’s death causes the transfer to the trust to pass to the owner’s estate.