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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53683
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother passed away a little while back, she had no will.

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My mother passed away a little while back, she had no will. My brother and I have lived in our family home before she passed away. What steps must be taken to transfer the home into one of if not both of our names? Also what would be the best steps to take to sell the home after the deed is transferred into our names?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Do you have any other siblings? And, can you tell me the value of the house? Did she have other assets in her estate at death? Thanks.
Customer: replied 3 years ago.

There is only my brother and myself, she did have another child from a previous marriage that was given up for adoption. As far as her assets go she just had everyday household items, furniture, car , and a small amount of jewelry. The house have been paid off so there is no mortgage on it. I am not sure on the value of the property but would guess it to be in the mid 200k to 300k range

Thank you so much for following up. One of you needs to file a petition with the probate court in the county in which the property is located to be appointed the administrator of her estate. Once appointed, that person can sign a quit claim deed on behalf of your mother's estate transferring the property from your mother's name to the two of you in undivided 50% ownership interests. The deed will need to be witnessed, notarized, and then recorded in the real property records of the city/county in which the property is located. If you need a template for the quit claim deed, let me know and I'll be happy to provide one for you.

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Customer: replied 3 years ago.

Thank you for your help. I would like it if you could send me a template for the quit deed form. I am not sure if it varies from county to county in each state. I am currently in DuPage County Il.

You're's my pleasure to help. The following form will work fine for you in your county.

STATE OF _______________ )
COUNTY OF __________ )

KNOW ALL MEN BY THESE PRESENTS that ________________________., (hereinafter "Grantor") in consideration of the sum of One Dollar ($1.00) to the Grantor in hand paid at and before the sealing of these presents by _________________________________ (hereinafter called "Grantees"), the receipt of which is hereby acknowledged, has granted, conveyed, remised, released, and forever quit-claimed, and by these presents does grant, convey, remise, release and forever quit-claim unto Grantees, their heirs and assigns, all of its right, title and interest including any remainder interest, in the following described property:

[Property Description]

Together with all and singular the rights, hereditaments and appurtenances to said premises belonging or in anywise incident or appertaining; to have and to hold all and singular the premises before mentioned unto the Grantees, and the Grantees’ heirs and assigns forever, so that neither the said Grantor nor Grantor's successors and assigns, nor any other person or persons claiming under Grantor shall at any time hereafter by any way or means, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part or parcel thereof, forever.
WITNESS the Grantor's hand and seal this _____ day of ________________, 20__.

{Signatures appear on following page} 

Signed, sealed and delivered in the [Grantor Signature Block]
presence of the following witnesses:



STATE OF ________________ )
) A C K N O W L E D G M E N T
COUNTY OF ___________ )

Subscribed, sworn to and acknowledged before me by ____________________, Grantor, this ________ day of ____________________, 20__.

Notary Public for _____________
My commission expires:

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