Legal Question in Real Estate Law in Illinois
Joint Tenancy Deed Requirement
My mother and I are listed as Grantees on a Quit Claim Deed to property in Champaign County, IL. It specifically says ''not in Tenancy in Common but in Joint Tenancy''. Mom died, and I assume the property is now mine. I plan to sell it soon. Do I need a deed prepared to show it is in my name alone, or at the time of sale will the original Quit Claim Deed and a sealed copy of her death certificate suffice? If a new deed must be recorded before the sale, what type of deed should it be and does an attorney have to prepare it or can I?
2 Answers from Attorneys
Re: Joint Tenancy Deed Requirement
Your buyers will typically wish a Warranty Deed. The title company will want a raised seal copy of the Death Certificate, and have you sign off on a document relative to Mom's estate. You should have a lawyer prepare such a deed. Good Luck!
Re: Joint Tenancy Deed Requirement
Hello. I suggests you hire an attorney. It is
in your best interest and that of the buyer to
use a standard real estate sale contract which
specifies that the seller must provide the buyer
with proof of clear title. You should have a
title company do a title search and then issue
a title report. At the closing the attorney for
the buyer, in addition to the title company
representative, will have proof from the title
report that title is in your name. Thereafter,
the buyer will be issued a title commitment and
you, the seller, can relax. I will be happy to answer any additional questions that you might have.
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