Legal Question in Wills and Trusts in Illinois

Re: quit claim deed

When your mother dies if you have done nothing then you will share all her assets with your 3 brothers... in other words you will get 1/4 of her estate. This assumes that your mother has no spouse and she has no will. To insure that your mother's wishes are carried out you must have her do one of two things BEFORE SHE DIES. one ... have her write a will leaving you the house, or have her convey the title to the house to you now.

Re: quit claim deed

If she dies without having taken action there's nothing you *can* do.

You have to be willing to talk to her.

"Mom, you said this. Do you still mean it? Should I contact a lawyer?"

A lawyer would want to at least talk to your mother by phone if she can't travel (she's the client, not you) to make sure of her wishes, and then probably come out to supervise signing documents so they're not subject to challenge.

Do not try to prescribe means. Having her do a quit claim deed to you would be the last choice of ways to get it to you. In that case your basis when you sell it would be her original basis, probably quite low, and incur large capital gains tax.

More desirable would be for her to either keep it, and leave it to you by will, or sign a deed to both of you as joint tenants. In either case you would get the property and the basis would be the value at her death.