Legal Question in Real Estate Law in Illinois
I want to add my child on to the deed to my home. I'm the only owner now on the deed. My understanding is I have to file a warranty deed individual to individual which will make us joint tenants. My question is do I have to fill out and submit a real estate tax declaration form with my deed? And if I do how much will the tax be? My home is located in Chicago. Thank you.
2 Answers from Attorneys
This may create unintended consequences. First, you may be exposing the property to your child's liabilities. I have handled a number of collection matters and bankruptcies where a parent was compelled to pay a debt or answer for an auto accident because the child was part owner of a property. Second, you may be legally deemed by the government as making a substantial gift that will require a gift tax return and the application of your annual and lifetime exemptions.
There is a new statute in Illinois that provides for transfer of property on death. That may be more what would serve your intentions, but your overall circumstances should be considered in a consultation.
I agree w/ Mr. Repay and an additional factor is that I hope your "child" is of legal age to receive title to real estate however you decide to do it.