Legal Question in Real Estate Law in Illinois

My husband and I have joint ownership of our home and property that is mortgage free. He has dementia and is now incompetent. In order to protect our assets if I die first I am told I need to take his name off of the deed. I have POA. What kind of a deed should be used and can I do this myself without an attorney or should an attorney be consulted?


Asked on 10/09/15, 12:57 pm

1 Answer from Attorneys
Stephen Messutta

Get an attorney's help. The POA should be recorded along with any deed, and so an attorney should review the POA to make sure it can support a deed you sign. Worst case is a probate case has to be opened to have you appointed as your husband's guardian and then you can sign as his guardian. But that's only the 'legal' side. There can be tax and other implications if he needs public assistance. An elder law attorney is your best bet.

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Answered on 10/09/15, 1:48 pm


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