Legal Question in Wills and Trusts in Illinois
I want my house sold with the proceeds given to beneficiaries. Where (living trust or will) and how should this be described? I'm 46, single, childless with a competent executor. My Quicken Willmaker always refers to "property".
2 Answers from Attorneys
You want all of the property to transfer outside the probate process. A will guarantees the probate process.
Quicken does not explain this to you.
If nothing else the real property should be in an Illinois land trust.
Call me if you have any other questions
Joe Michelotti
People are often confused by the word "property." To us lawyers, property can be either real or personal, e.g. either your home or your money market fund. But laypeople often to take it to mean real estate.
By expressing the concern that Quicken only refers to "property" I am wondering if you have assets in addition to your home that you also would like to leave to your beneiciaries.
If so, a living trust will avoid probate and it can own virtually anything. A land trust can only own real estate.
If you would like to contact me please visit www.legacylaws.com.
Happy Holidays!