Legal Question in Real Estate Law in Illinois
My mother passed away last year and now i live in the house she owned. It's paid off. She was the only person on the title and now i would like to put my name on the title so I can get a seniors exemption on the taxes. How do i go about doing this since she did not leave a will.
2 Answers from Attorneys
These are potentially totally separate things.
1. Title: If it's in her name and you are her only heir, you still have to go to probate court and have title transferred by judicial action. As long as the estate is simple, the process should be simple. If there are other heirs (siblings in particular) you may have to deal with those complexities. Get an estate attorney.
2. Senior exemption: there are two in Cook County - Senior and Senior Freeze. The former is age based, the latter is age plus income. Once you get title to the house it should be easy. Until then, Cook County may not allow either unless you have a lease. This is something to talk first with the estate attorney about, depending on the estate.
I am sorry for your loss. To answer your question, there is so much more that needs to be understood about the situation. First, did your mother have a will? If so, what did it provide? Next, are you an only child? If not, who else may be involved? Next, did your mother have any liabilities when she passed (outstanding bills, accident claims, anything)? An attorney will need to consider these and similar questions to determine whether probate is necessary, advised or can be avoided. Really, a consultation will serve you better than trying to get a proper answer within the scope of a site like this.