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?
3 Answers from Attorneys
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.
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.
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.
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