Chicago, IL asked in Real Estate Law and Landlord - Tenant for Illinois

Q: If you are put on a deed/title to a home, can a relative claim your share if you suddenly pass

My fiance is the soul owner and is skeptical about this. Cant i put it a will or notarized letter stating that no one in my family would be entitled to my share if i passed away.

1 Lawyer Answer

A: There's no good way to answer this without more details. For example:

1. if the property is just in your fiance's name, he/she can leave it to anyone he/she wishes in a properly drawn and witnessed will. (This means get it done by a lawyer - do NOT download a form from the Internet and hope it will work.)

2. If the property is just in your fiance's name and he/she dies without having a will, the property will go to his/her nearest relatives (Remember: You are not a relative of your fiance until you marry.)

3. If your fiance's name is one of several names on the property, depending on how the group of people hold title, at his/her death his/her interest may (a)pass automatically to the other people whose names are on the property, (b)be passed to the person or people of his/her choice by a properly drawn and witnessed will, or (c)go to his/her nearest relatives if he/she doesn't have a properly drawn and witnessed will.

The only sure way to get an answer to your question is to have your fiance gather up all the paperwork dealing with the property and meet with a lawyer. It will help to prepare a list of questions before meeting with the lawyer.

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