Chicago, IL asked in Estate Planning for Illinois

Q: My passed away last month. She had no will. Whap happen to her house and bank account?

How to change her house to my name? And her bank account ( She had only very small amount money)?

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3 Lawyer Answers
Bryan R. Bagdady
Bryan R. Bagdady
Answered
  • Estate Planning Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by operation of law, to the surviving tenant. Once you find the deed, update your post. Hope this helps.

Charles E. Hutchinson
Charles E. Hutchinson
Answered
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: I am very sorry for your loss.

The estate will pass to the heirs of the deceased according to the laws of the state in which the person died. It is possible that probate can be avoided depending on the size of the estate and the laws of the state.

If the deceased was a resident of Illinois, and if there was no estate plan (no will, no trust, no transfer on death instrument), because real estate is involved, the heirs will need to go through probate. If the real estate was already transferred by a legal means, and if the estate is otherwise less than $100,000 the beneficiaries may use a Small Estate Affidavit found on the Secretary of State's webpage (ilsos.gov).

Stephanie Sexauer
Stephanie Sexauer
Answered
  • Estate Planning Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I'm so sorry to hear about your loss; I hope you and your family are hanging in there.

Considering there's real estate involved, it's very likely the estate will need to go through probate. Heirship needs to be determined, as well as the extent of assets/debts. In Illinois, it's required that you be bonded and have an attorney represent you.

I wish you the best of luck.

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