Legal Question in Real Estate Law in Illinois

The first things I'd want to see are a title insurance policy and current survey. Even if you and your brother don't want a written contract between the two of you, I'd order a new title commitment, so you give you brother insured ownership. Then there would be a deed, transfer declarations, and depending on other local requirements there could be additional documents. For example, if the parcels are not lots of record, you may be looking at a new survey at a minimum, and plat act compliance or subdivision requirements beyond that�. Everyone thinks it is simple; nothing is simple anymore.

I would suggest that you hire a real estate attorney to handle this for you. I cannot tell you how many problems I have seen caused by DIY real estate transfers. The cost of getting it wrong will wildly exceed the cost of hiring an expert to get it right the first time. I have even seen some errors which could not be corrected.

It may be a simple matter, but any reputable attorney will want to review the history through the documents you are able to provide and an updated title search. Beyond that, it will depend on what your brother wants. If advised by his own counsel, it would likely be suggested as highly advised for everything to take place through a title company insured transaction. If not, it may be as simple as providing him with a deed and transfer declaration and providing you with a 1099.