Granite City, IL asked in Contracts, Estate Planning and Real Estate Law for Illinois

Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement just verbal

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

A: In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were your siblings and mother aware of the transaction and do they object? If they were aware and do not object, you may be able to transfer title to the property with an affidavit of heirship and a deed of the property to you and your husband signed by all potential heirs.

Obviously, if you did pay your father and your mother and siblings are not willing to aid in the transfer, you can always open an estate for your father and attempt to get your money back that way..... Hopefully, it won't come to that.

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