Legal Question in Real Estate Law in Illinois
My father passed away and I am on the deed. He also left the house to me in his will. The will was filed in probate court. What do I need to do to remove him from the deed and add my husband?
1 Answer from Attorneys
1. An attorney will have to look at the deed you say that you are on. If ONLY you and your dad were on the deed AND it talks about the two of you being "joint tenants with the right of survivorship", you "automatically" obtained your father's interests. But there could be other language, or other names.
2. If the deed was the two of you as joint tenants....the will may not have been needed. If anything it would seem to confirm your dad wanted you to have the property. The same attorney should look at the deed and will - maybe your dad didn't understand what the deed was supposed to do....OR there could be other issues.
3. IF you now own the house outright per the above, you will need to create a deed from yourself to yourself and your husband. There are several ways of going about that but there are other factors. The same attorney should be the one making out the deed as there are requirements, quirks, and other requirements (like recording).
Best luck, sorry for your loss. Sounds like he was a great dad.