Legal Question in Wills and Trusts in Illinois

I inherited our family home through my mom's Declaration of Trust. I am the Executor. I live in the home with my husband. The home is in a Deed in Trust and I want to know now that I've settled Mom's estate how do I get my husband's name on the deed with mine? Should we now set up our own trust or can we keep Mom's going? Do we just put in our will he inherits it? Not sure what to do and her attorney wants me to pay him lots of money to set up our own land trust now.


Asked on 6/20/11, 6:55 am

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Your legal options to be considered depend on your overall financial and personal circumstances. Based on the facts in your inquiry, you should close out your mother's trust unless there was a provision in the trust instructing you as executor to continue the trust for some reason. Regarding transfer of the property to joint ownership, you can accomplish that transfer through a simple quit claim deed to transfer the ownership from you to you and your husband with rights of survivorship. A revocable or living trust is also an option but not necessary unless you and/or your husband have reasons that you can benefit from such trust, such as specific assets, family relationships, personal business, grandchildren for which a trust would be appropriate, or other reasons. Your inquiry does not explain a reason for a land trust.

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Answered on 6/20/11, 7:15 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Your mother's attorney seems to be offering you the same services that he offered your mother. This is common and often helpful to someone in your shoes. If you're on a tight budget, and not interested in estate planning, let him know.

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Answered on 6/20/11, 7:21 am
Manish Bhatia Manish C. Bhatia, Attorney at Law

A land trust is a dated and limited option. You should contact an attorney that specializes in estate planning and learn about your options for titling the home and your own estate planning as well. There are additional facts that must be considered before making a decision, such as your financial and family situations.

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Answered on 6/20/11, 8:12 am


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