Cicero, IL asked in Real Estate Law for Illinois

Q: Our mother passed away approximately 2 years ago, and we are still paying the mortgage on the property.

What options do do we have to place the property under one of my siblings names and or a trust.

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: First off, I'm assuming that the property was in her name and not in a trust. Was there a will? That would determine who initially has title to the home. If your mother died without a will and she did not have a surviving spouse, then the house goes to her heirs at law.

Was an estate opened in probate court? All estates over $100,000 are required to be probated. If not, then there may still be a work around. Often, title companies will insure a transfer if there is no estate but all of the heirs execute a deed to a grantee and provide the title company with an affidavit of heirship....

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