Estate Law Questions? Ask an Estate Lawyer.
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In Illinois the way a property is titled/deed determines what will happen to the property upon the death of one of the owners. In Illinois for the property to pass to your son OUTSIDE OF PROBATE the title would need to be in joint tenancy (with rights of survivorship.) Joint tenancy has long been a popular form of ownership, particularly between spouses. Its principal advantage is that the asset automatically passes to the surviving joint tenant(s) by operation of law, thereby bypassing probate (upon the death of the first joint tenant)."http://www.illinoisestateplan.com/estate-planning/forms-of-ownership/If your goal is to have your wife be able to remain in the property there are mechanisms called Life Estates that can be set up. Would your son agree to a Life Estate? If not there is a way to break a joint tenancy if the goal is to provide for your spouse.