Legal Question in Real Estate Law in Illinois
How do you transfer the deed to my father's house to my brother - my dad recently passed away. There is no mortgage.
1 Answer from Attorneys
Depends on how he held title to it, who else survived him (his wife?), and whether he left a will. Assuming for a moment he died a widower and left no will, a probate estate would need to be opened with an administrator appointed (you perhaps if you are of legal age and capacity) and eventually once other estate debts, if any, like funeral costs, unpaid bills, etc., are sorted out, you may be able to issue an administrator's deed to your brother. But there are so many unknowns and doing a probate yourself is complicated (and there may be tax consequences), it may be time to take it to an attorney who does probate, wills and estate work.
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