Legal Question in Wills and Trusts in Illinois
House Deed
My fiancé inherited the house we now live in back 2000, however he never went through probate and the title was never changed to his name. Somehow he has refinanced twice without being on the title. Now we are trying to refinance again and add my name to the title but they will not close because he still is not listed on the deed. How does probate work after 7 years? Do the other parties listed in the Will still have a right to file a claim? Our home has been totally remolded since 2000 and there are no personal belongings of the deceased; would probate still take 6-9 months. Does he officially not own the home we live in if he is not on the title? Our lawyer said we would have to obtain a Quit Claim Deed from the Uncles listed in the Will or go through Probate. He has not spoken to his uncles since 2000 over bitterness about the Will; they will not sign a Quit Claim Deed; is this Probate going to stir up a whole bunch of trouble? He (my finance) was left everything and the uncles were listed as back-ups ''if you will''. I am totally scared that we are going to lose our home. HELP!!
2 Answers from Attorneys
Re: House Deed
I would need to look at the will in order to give you a proper answer.
Assuming that your Fiance is the executor and the legetee. You will have to probate the will in order to transfer title.
The Uncles and any potential creditors would have to be given notice of the probate, but the house could be transferred right away (within 2 or so weeks)
Your costs would be less than $3000.00
Email me if you have any questions
Re: House Deed
The first thing to do is to have an attorney review the will (perhaps your attorney has done this already).
If everything was left to your fiance (with the uncles only the "remainder beneficiaries") then there shouldn't be a problem transferring the deed to him with something called a "bond in lieu of probate."
If your lawyer does not typically handle probate matters, you need to seek out an attorney who does.
Please let me know if I can assist.
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