Legal Question in Wills and Trusts in Illinois
My father died 25years ago..he owned a condo...without a will...my sister and I have paid the taxes. How do we get the property out of his name?
3 Answers from Attorneys
thank you for your question. Right now, you are unable to transfer the property because the deed isnt in your name. The only way to effect this would be to probate your father's estate. Probate is a quick, fairly painless court procedure whereby your father's assets and debts (to the extent they exist) are adminsitered. Thereafter, a deed can be issued in you and your sister's name. Please let me know if you have any further questions. My email if you wish to contact me that way is: [email protected].
Thanks again,
Adam Tracy
Probate is one option. However, if you've found a buyer for the property, it may be cost effective to buy a title insurance policy instead of going through probate. Feel free to call me to discuss your options. I won't charge for the phone call.
I agree with Mr. Raminiak. Probate is not quick and it isn't necessary. Buy a policy of title insurance which insures title in your name and your sister's. I don't think you need to find a buyer to do this. You can do it even if your intention is to keep the property.
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