Legal Question in Wills and Trusts in Illinois
deeds
My mother recently passed and I am assisting my father in obtaining her assets. One of her policies require that we complete a small claims deed. I bought a kit for quitclaim deeds in error. My question is what is the difference between a small claims and quit clain deed?
2 Answers from Attorneys
Re: deeds
Its hard to guess what you are referring to. But if your mother's estate is less than $50,000 in her name alone you may be referring to a Small Estates Affidavit. I am sure you can find the form on the web. It is also in the Illinois Statues. You may find it in stationary stores. But unless you are transfering a automobile do not use the form furnished by the Illinois Secretary of State.
Re: deeds
There is no small claims deed. They probably referred to a small estate affidavit. If the total in her name alone does not exceed $X it can be obtained by furnishing them such an affidavit. Frankly, I recommend you contact an attorney. It may cost about $4-600. I'll be happy to help if you contact me at 312-346-7899.
why X? The figure is $50,000. If it's under that, no issue. If it's over $75,000 you'll probably need probate.
The legislature recently passed a bill raising it to $75,000 but the last time I checked the Governor hadn't signed it yet.
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