Genoa City, WI asked in Probate for Illinois

Q: Mom passed away,had no will. Brother is on the house deed with her, can he keep the house, how can he transfer car title

She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her left over bills.

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1 Lawyer Answer
Stephanie Sexauer
Stephanie Sexauer
  • Probate Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I'm so sorry to hear about your mom; I hope you're all hanging in there.

If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative value is less than $100,000 (assuming your mother died while a resident of Illinois). The DMV/Secretary of State have their own document that is used to transfer title once someone has passed away. Please note, this can only be done if all debts are first paid (including reimbursement for funeral expenses). Please also note, it may be considered a "gift" to your brother (which may have tax consequences or require you to file a gift tax return) if you agree to re-title the car to your brother. You should consult a tax professional to be sure.

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