Legal Question in Real Estate Law in Illinois

I live in Illinois and my parents are both deceased with no will my 2 siblings want me to have the house if they both have letters stating they want to sign off and the letters noterized can I have my name put on the title without a lawyer?


Asked on 1/19/16, 12:40 am

3 Answers from Attorneys

It all depends on who owned the house when both parents died. If it was in their names, then no, a probate estate is supposed to be opened. If they or their survivor had recorded a deed, however, that gave it to you three, then it may be possible for your sibs to quitclaim their interests to you. A title insurance company may be willing to underwrite title given other factors. In any event no, notarized statements alone will generally do nothing.

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Answered on 1/19/16, 6:12 am
Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

I agree with Mr. Messutta. There are a few circumstances where the property can be transferred in your name with minimal effort, but they would have needed to be set up before your parents passing. If your parents recorded a transfer on death instrument naming you or a sibling as the owner of the property upon their death, then the property can become yours. Or if one of your siblings was on title before your parents' passing then they can quitclaim the property to you.

If this is not the case, then you will need a probate attorney to work on your behalf to get the property to you and settle any other matters related to your parents' passing.

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Answered on 1/19/16, 7:19 am
Henry Repay Law Offices of Henry Repay

As far as straightening this out without a lawyer, I would say that it is unlikely. As far as limiting what needs to be done, that is a difficult question to answer within the scope of a site like this. As the earlier answers have pointed out, the first question is how title was held (and how certain one can be without a current title search). Likely, title had remained in your parents names, which would then lead to probate as the way to properly transfer assets to the heirs (and ultimately among the heirs). In the right circumstances, however, a title insurance agency will insure title absent the completion of a probate case if everyone participates. An attorney evaluating your circumstances can determine whether that process can and should be used.

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Answered on 1/19/16, 9:11 am


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