Legal Question in Real Estate Law in Illinois

my mother owns her house but got a reverse mortgage. what form do i fill out to transfer the deed to myself when she dies? is it true that with a land trust i won't have to pay the reverse mortgage back?


Asked on 8/21/10, 10:57 pm

2 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

It is now too late to do a land trust since your mother has already taken out the reverse mortgage. Transfering the house will cause the reverse mortgage to come due. In order to get the house back when she dies you need to repay the reverse mortgage before you can inherit. Once the loan amount is repaid, I believe, but am not sure, you will have to go through probate.

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Answered on 8/27/10, 3:54 am

Everything Ms. Palmer says is accurate. As to "transfer", unless you are a joint tenant with the right of survivorship, or the property is in a "living" trust, or is held in some other entity (like a partnership, corporation or LLC), it needs to go through probate, whether or not there's a will.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/31/10, 6:14 pm


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