Legal Question in Wills and Trusts in Illinois
Although our home was jointly held with right of survivorship, does it have to be included in trust proceeds after my mother�s death?
My atty says that it was part of the irrevocable living trust in illinois, although it was not specifically mentioned, nor was it titled in the name of the trust. I understand that joint tenancy trumps wills or trusts. How is this handled?
2 Answers from Attorneys
All I would say based on the above is that your questions seem valid and therefore I recommend you get a better explanation from your attorney. If his interpretations still leave you uncertain, either post your question again with more details of his interpretation or arrange to send the deed and trust documents to another attorney for review and consultation.
If your mother were the last to die of the joint tenants and the trust was not titled to the trust, it is likely that your mother's will provides that the home, just as any asset of hers standing outside the trust on the date of her death should be disposed of according to the terms of her trust. If there is another living joint tenant, that's another story. You should ask your attorney the basis for his or her opinion.