Legal Question in Real Estate Law in Illinois

If something happen to me (husband), will our property go into probate? Should we quick deed the property into my wife's name?


Asked on 11/18/10, 9:20 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Your inquiry cannot be answered based on the information provided. Please post more details about your estate and whether your wife is already on the deed.

Read more
Answered on 11/24/10, 5:48 am
Thomas Moens Moens Law Offices, Chartered

It depends if your wife is already in title with you, and whether you hold title as tenants in common, joint tenants, or tenants by the entirety. Keep in mind that something could happen to your wife as well, so conveying the property to her might just result in a different problem. And I would imagine you are referring to a QUIT claim deed, not quick deed. They all take about the same length of time.

Read more
Answered on 11/24/10, 6:08 am

Oh dear. If you and your spouse own property the "right way" no, otherwise yes it winds up in probate. And things happen: so you put title in her name and the next day she's hit by the bus and you're ok. Unless you have the luxury of time to educate yourself on simple estate planning you should hire an attorney to help or you risk screwing this up. Honestly.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 11/24/10, 9:45 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois