ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/12-902 (2026)

Exemption after death or desertion

✓ current as of May 2026
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(735 ILCS 5/12-902) (from Ch. 110, par. 12-902)
    Sec. 12-902. Exemption after death or desertion. Such exemption shall continue after the death of such individual, for the benefit of the spouse surviving, so long as he or she continues to occupy such homestead, and of the children until the youngest child becomes 18 years of age; and in case the spouse deserts his or her family, the exemption shall continue in favor of the one occupying the premises as a residence.
(Source: P.A. 82-783.)

    
Notes of Decisions
Cited in 2 cases, 1994–1996 · leading case: In Re Walston, 190 B.R. 855 (Bankr. S.D. Ill. 1996).
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In Re Walston, 190 B.R. 855 (Bankr. S.D. Ill. 1996). “735 ILCS 5/12-902 (1994). § 12-906. Proceeds of sale.”
In Re Harrison, 164 B.R. 611 (Bankr. N.D. Ill. 1994). “Although that avoidance power can only be invoked in a bankruptcy case, the homestead exemption claim can be made at any time by the Debtor in or out of bankruptcy court. The Illinois homestead exemption, if properly claimed, can only be validly released, waived, or conveyed in…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.