Legal Question in Wills and Trusts in Illinois

Re: will property avoid probate?

If the deed's wording is as described, the real property is owned only by the husband. A simple way to remedy the situation is to draft a quit claim deed wherein the husband conveys the property to himself and his wife, as joint tenants with right of survivorship, thereby avoiding probate unless both die at the same time. You may want to check the language again; it is important and worth the small costs to have it reviewed by an attorney.

Re: will property avoid probate?

As I read this language, if it is precise quote, this property is owned solely by the husband. Not only will it go through probate, but if he doesn't have a will and does have descendants, it will pass half to his descendants.

I urge you to see a lawyer to both check the language and prepare a deed from husband to both of you jointly or tenants by the entirety.

Re: will property avoid probate?

No it does not. If you have typed the language verbatim from the deed you do not own the property as tenants by the entirety nor do you own it as joint tenants. You each have an undivided one-half interest in the real estate. His half, depending on other circumstances might have to go through probate.