Legal Question in Wills and Trusts in Illinois
My husband owns 3 parcels of farmland in Illinois. We want to use a warranty deed to transfer the title from his individual name to the name of our joint revocable trust. We plan to complete and submit the papers ourselves. Our questions:
Is the correct form for this purpose the "Illinois General Warranty Deed"?
Can all three parcels be listed on the same warranty deed?
Is there a site where we can download this form free of charge?
Thank you
3 Answers from Attorneys
You should have the attorney who created your revocable trust do the deeds. You don't use a "warranty" deed for this purpose. You use a quitclaim deed. You can buy sample deeds at most office supply stores. You use the "intividual to individual" or "individual to trust" form.
Why are you reluctant to hire an attorney to help you? If you are not expert enough in drafting deeds to be able to know where to find a form to use, how can you be sure you will draft a deed that will be effective in furthering the interests of your estate plan? In my opinion paying an attorney a modest sum now can eliminate the need to pay an attorney a much greater sum later if you draft an ineffective deed.
I have seen more "do it yourself" deeds prepared incorrectly than I can even count. Since you have established a trust, you are obviously concerned with protecting your assets. I have seen DIY deeds result in property being owned by someone other than who was intended, not to mention the increased costs required to fix errors in these DIY deeds. Please do not try to do this yourself, and have an attorney experienced in real estate or estate planning assist you.
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