Illinois Compiled Statutes 755 ILCS 5/4a-15 – Exceptions
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The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either:
(1) by a preponderance of evidence that the
(1) by a preponderance of evidence that the
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transferee’s share under the transfer instrument is not greater than the share the transferee was entitled to under the transferor‘s transfer instrument in effect prior to the transferee becoming a caregiver; or
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(2) by clear and convincing evidence that the
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transfer was not the product of fraud, duress, or undue influence.
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Terms Used In Illinois Compiled Statutes 755 ILCS 5/4a-15
- Caregiver: includes a caregiver's spouse, cohabitant, child, or employee. See Illinois Compiled Statutes 755 ILCS 5/4a-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- 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