Legal Question in Wills and Trusts in Illinois

What is the best way to ensure my partner (not same sex - just not married) would get house if I die without putting her on mortage, deed now?


Asked on 10/18/09, 8:12 pm

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

The best way is to create a living trust for yourself and deed the house into the trust. Make her the beneficiary of the trust.

There are many advantages to this over joint tenancy. JT won't allow you to say who gets the house after her. JT also makes your home vulnerable to her debts, lawsuits etc.

Feel free to visit my website for more information: www.legacylaws.com.

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Answered on 10/24/09, 10:07 am
Dana Johnson Atticus Law Firm

There are several options you can consider, all with their accompanying advantages and disadvantages. Depending on your circumstances, the impact of the options will vary. As you indicated, one option is to include her on the deed now. Another option is a living trust. Another option is to leave the house to her in your will. What is best for you will depend on your intentions, the extent and complexity of your estate, your family structure, and other particular facts of your situation.

In addition to discussing the options, a more detailed consultation with an attorney should reveal potential problems in the future or may raise issues you haven't considered.

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Answered on 10/25/09, 12:38 pm


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