755 ILCS 5/2-6.5
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article II - Descent And Distribution

Sec. 2-6.5.     Parent neglecting child.     A parent who, for a period of one  year  or more immediately before the death of the parent's minor or dependent child,  has willfully neglected or failed to perform any duty of support owed to the  minor or dependent child or who, for a period of one year or more, has  willfully  deserted the minor or dependent child  shall not receive  any property,  benefit, or other interest by reason of the death, whether as heir,  legatee, beneficiary, survivor, appointee, or in any other  capacity (other than joint tenant) and whether the property, benefit, or other  interest passes  pursuant to any form of title registration (other than joint tenancy),  testamentary or nontestamentary instrument, intestacy, renunciation, or any  other circumstance, unless and until a court of competent jurisdiction makes  a determination as to the effect on the deceased minor or dependent child of  the parent's neglect, failure to perform any duty of support owed to the minor  or dependent child, or willful desertion of the minor or dependent child and  allows a  reduced benefit or other interest that the parent was to receive by virtue of  the death of the minor or dependent child, as the interests of justice require.  In no event shall the reduction of the benefit or other interest be less than  the amount of child support owed to the minor or dependent child at the time of  the death of the minor or dependent child.  The court's considerations in  determining the amount to be deducted from the parent's award shall include,  but not be limited to:(1) the deceased minor's or dependent child's loss of     opportunity as a result of the parent's willful neglect,  failure to perform any duty of support owed to the minor or dependent child, or willful desertion of the minor or dependent child;(2) the effect of the parent's willful neglect,      failure to perform any duty of support owed to the minor or dependent child, or willful desertion of the minor or dependent child  on the deceased minor's or dependent child's overall quality of life; and(3) the ability of the parent to avoid the willful     neglect, failure to perform any duty of support owed to the minor or dependent child, or willful desertion of the minor or dependent child.A determination under this Section may be made by any court of  competent jurisdiction separate and apart from any civil or criminal proceeding  arising from the duty of support owed to or desertion of the minor or dependent  child.  A petition for adjudication of an allegation under this Section must be  filed within 6 months after the date of the death of the minor or dependent  child.The holder of any property subject to the provisions of this Section  shall not be liable for distributing, releasing, or transferring the property  to the person  who neglected, failed to perform any duty of support owed to the minor or  dependent child, or willfully deserted the minor or dependent child if the  distribution or  release occurs before a  determination has been made under this Section or if the holder of the property  has not  received written notification of the determination before the distribution or  release, accompanied by a certified copy of the determination.If the property in question is an interest in real property, that interest  may be distributed, released, or transferred at any time by a holder of  property, the parent, or any other person or entity before a determination is  made under this Section and a certified copy of that determination is recorded  in the office of the recorder in the county in which the real property is  located.  The document to be recorded must include the title of the action or  proceeding, the parties to the action or proceeding, the court in  which the action or proceeding was brought, the date of the determination, and  the legal description, permanent index number, and common address of the real  property.  If a certified copy of the determination is not recorded within 6  months of the date of the determination, any subsequent recording of a  certified copy of the determination does not act to prevent the distribution,  release, or transfer of real property to any person or entity, including the  neglectful parent.    (Source: P.A. 88-631, eff. 9-9-94.)