Legal Question in Real Estate Law in Illinois

name change on title

what is the best way for my grandmother put her property in my name now so that we can get a loan against it to make some major repairs. She's soon to be 83 and can't get the loan with no income. I have the income and no collateral. The house has been willed to me but we would like to make some repairs before she passes. Any help would be much appreciated. Thank you


Asked on 5/28/08, 1:11 pm

2 Answers from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: name change on title

Mechanically, you record a quit claim deed with the recorder of deeds in your county. That's the easy part.

The complicated part is the ramifications of the transfer. For example, it may be considered a gift and trigger gift taxes (you may want to talk to an accountant about the details of that). Also, it will affect the "basis" of the grantee (receiver) for capital gains purposes (another accountant question). Finally, talk to your lender before you do this and ask them if the title has only been in your name (via quit claim) for a short time, will it affect your ability to get a loan on that property?

If all those problems prove insurmountable, you may want to just buy it outright from your granny (which should avoid all the problems above).

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Answered on 5/28/08, 1:38 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: name change on title

The "easy" part of this equation is to have a deed executed to either you alone, or to your and grandma as Joint Tenants with Right of Survivorship.

The "hard" part is the Uncle Sam part re: capital gains, basis, etc., etc. You'll want the help of a good CPA for this.

Good Luck!!

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Answered on 5/28/08, 2:17 pm


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