Legal Question in Real Estate Law in Illinois
In Illinois, does a quit claim deed automatically include right of survivorship or does that have to be specifically spelled out?
2 Answers from Attorneys
To create a Tenancy by the Entirety or a Joint Tenancy, specific language must be used. Otherwise, a Tenancy in Common is created, meaning each owns an undivided interest that does not automatically pass to the other by survivorship.
I am guessing you mean that the quit claim deed had two or more grantees. If that is the case, and there was no tenancy language, such as "joint tenants" or "tenants by the entirety," then then the owners took title as tenants in common. This means that if one of them dies, the survivor keeps his or her interest, and the interest of the owner who died would go to his or her heirs or devisees if there was a will. If there was only one owner, even if there was some sort of "right of survivorship" language, it is essentially meaningless (yes, I have seen this done). Your best bet, have a real estate attorney take a look at it and give you an answer.