Legal Question in Wills and Trusts in Illinois

Deed transfer from trust

My mother passed in Jan of this year. She left me her home, which had already been placed into a trust, listing her as the trustee. Upon her passing, I am the trustee and receive the home. My Aunt has life long living rights, which is perfectly o.k. I feel I need to get the deed transferred into my name as my mother had a special Seniors exemption she was receiving. Since I've been paying the 2006 taxes, and she lived in the home during 2006, it hasn't been a problem. Soon, it will be 2008 and I can't keep receiving this exemption. It also makes it difficult for having the home insured under my name with my insurance company. I've never owned a home, so I haven't a clue as to where to start. I'm sure with a lawyer, but how does one go about choosing a lawyer? Your input is very much appreciated. Also, her Will was filed with the court right after her passing.


Asked on 10/22/07, 10:55 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Deed transfer from trust

From what your posting says, it appears that your aunt has a life estate in your mother's house, and you would have the remainder interest. Upon your aunt's passing, the trust may be then terminated with the house going to you. (The wording contained in the trust is the determining factor here - this answer is only a hypothetical answer.)

You will need to consult an attorney to have the deed reviewed. It can not be transferred into your name individually. It must remain in the trust, with your name listed as successor trustee.

You should look for an attorney who concentrates in estate planning.

Please let me know if I can assist.

Read more
Answered on 10/23/07, 11:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois