Legal Question in Wills and Trusts in Illinois

Affidavit of Heirship

Lender has stated that an Affidavit of Heirship is required for any approval of a loan on a specific residential property.

When and how should such a document be entered at the county recorder�s office?

In other words, do I have the said Affiant bring the document to the recorder�s office before any loan application or transference occurs and does the document reference the property in question specifically or is it just recorded by stating the PIN of the property?

A Will does exist, should it be entered with the Affidavit of Heirship?


Asked on 2/12/09, 5:17 pm

1 Answer from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: Affidavit of Heirship

Your question's a little confusing. Are you purchasing property from an Estate? If that's the case the Seller/Seller's attorney should be doing all that stuff in concert with the title insurance company. What you've described sounds like you're purchasing from an Estate which is fairly typical.

Call/email if I can help. I'm guessing your not buying on behalf of an Estate so the party representing Estate needs to account for heirs, ect.

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Answered on 2/12/09, 5:56 pm


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