Legal Question in Wills and Trusts in Illinois

Must Illinois real estate held in title as JTWROS be included as part of a revocable living trust pour-over will provision?

My mother titled the real estate as JTWROS back in 2003, while the Trust was formed in 2008. My mother recently passed away. The property was never titled over to the Trust. Does this property or her portion of it become part of the Trust?


Asked on 8/12/15, 6:28 am

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The title controls. If the other joint owner is alive, the property passes to the surviving joint tenant. If the joint tenant did not survive, then the property passes under your mother's will. In that case, the will might pour-over into a trust.

Best bet is to talk to a probate attorney to review everything.

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Answered on 8/12/15, 6:42 am


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