Legal Question in Real Estate Law in Illinois

Re: Moms House

To add her four sons as coowners of her house, your mother would have to draft, sign and record a deed to them. Having said that, If I were your mother's lawyer, I'd tell her not to be penny-wise and pound foolish.

Your mother's intent in titling her property this way is probably a "cheap" or inexpensive way to avoid probate. It's not a good idea. First, she loses control of her house, which is a major asset and may be her only one. Second, the house is now exposed to creditors of any of the four sons, including ex-wives, general creditors such as credit cards, etc. It would be more likely that your mother would lose her house during her lifetime if she did what your question suggests. Third, if your mother wants to sell her house to "downsize" or help pay expenses, she would need the consent of all four sons to avoid litigation.

I would recommend that your mother consider a will or a living trust in lieu of a deed. IN ALL EVENTS, your mother should consult an attorney to discuss the benifits and detriments of each of these alternatives in her circumstances.

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