Legal Question in Wills and Trusts in Illinois

Will & Transferring a Deed

My mother recently passed. We both own the house we shared in joint tenancy.

However, her will states that any property she owns and along with her possessions are to be divided equally between me and my brother. My brother (who is disabled) wants to give up his interest in the house since he lives here already. We don't plan on ever selling.

Is it necessary for me to change the deed to my name only?

Also, do I have to submit her will to probate? As I said, her will leaves all her property to me and my brother only.


Asked on 5/29/08, 5:06 pm

2 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Will & Transferring a Deed

Her will has to be filed with the probate court. Ownership of the house passes to you by operation of law. Unless your brother is a joint tenant, he has no ownership interest in the house

Read more
Answered on 5/31/08, 9:58 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Re: Will & Transferring a Deed

First of all, if you and your mother owned the house in joint tenancy, then the house is yours outright upon her death. You should probably file the requisite affidavit with the county to have the property properly transferred to you. Her will should be filed in the county you reside in.

As your brother is disabled, I strongly recommend you look into some estate planning. Feel free to call me if you need help.

Read more
Answered on 5/29/08, 5:14 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois