Real Estate Law
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Good evening. I am Loren, an Illinois licensed attorney, and I look forwart to assisting you.
Unfortunately, since thproperty is still in the mother's name, someone will need to file for probate so that an executor may be appointed and the property can then be ddeded from the estate.
So, yes, it is advisable that she retain an attorney to ensure that title passes correcly and that the loan company is dealt with.
If the property is titled in the late mother's name who is going to sign the deed?
Some form of probate is necessary to transfer title to real property.
That does not sound correct to me. The lender will not deal with anyone who is not the borrower or the lawfully appointed representative of the estate.
Can he get a payoff letter and a release from them?
If he can then go ahead and try a quitclaim deed. I just would not advise her to pay any money to the brother or lender without a payoff letter and the promise of a release from the lender.
Who will be signing the quitclaim deed?
Ask the person at the court how someone not in title can convey any interest in the property with a quitclaim or any other deed?
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