Legal Question in Real Estate Law in Illinois

Re: Transferring names on deeds

This isn't terribly complicated, but you should retain the services of a lawyer. A Joint Tenancy Affidavit really isn't needed now. Perhaps later. Your mother should execute a deed, whether a Quit Claim, which should do, or a Warranty Deed. When you refinance, a new title insurance commitment would issue pursuant to a search. The Death Certificate would be presented at this time, togehter with a copy of your father's will, if he had one. You should consider using a lawyer who issues "Bar Related" Title Insurance, as I do, as in my experience this make the transaction much smoother. GOOD LUCK!

Re: Transferring names on deeds

Well here is the way it works. You won't need a Jont Tenancy Affidavit right now, unless you want to purchase title insurance after your mother conveys the property to you. I would advise not getting title insurance right now, because after your mother conveys the property to you and you get a mortgage the lender will order title insurance to protect his loan and then the issue of your father's death will be an issue. The title company [which ever one the lender uses] has Joint tenancy affidavits... you don't have to buy them, they will give you one for completion. Yes, you will need a copy of the death certificate and if he died with a will you will have to attach a copy of it as well. To get the ball rolling you mother must sign a deed. It can be a quit claim deed or a warranty deed. It would appear there is no consideration so it is exempt from state and stamp taxes, but depending on what village or city you may have to purchase a stamp to indicate that it is exempt. Certain language must be included in the deed to show it is exempt. I think you need a lawyer to guide you throug all this. it should not be expensive.