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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My friends mother passed away 8 years ago, and since then

Customer Question

My friends mother passed away 8 years ago, and since then she has been making payments on the trailer & lot loan that is still in her mothers name. (She lived with her mother and still resides in the home) Her brother is beneficiary in the will, and has filed the will with the county (Clinton county in IL). Until recently he has never shared the name of the loan company with her. She called the loan company and they will not give her any information.
He wants her to pay off the loan and he says he will give her the property at that time. Will a simple quit claim suffice or does she need a lawyer to file for her, since she will be paying the loan company, not her brother the money that is owed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, an Illinois licensed attorney, and I look forwart to assisting you.

Customer: replied 1 year ago.
I think I covered most of what I need to know, what is your response?
Expert:  Loren replied 1 year ago.

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.

Customer: replied 1 year ago.
The courthouse real estate area told her all she needed was a quit claim. The property isn't worth that much.
Expert:  Loren replied 1 year ago.

If the property is titled in the late mother's name who is going to sign the deed?

Customer: replied 1 year ago.
They have the death cert and the will. They told her at the courthouse that they would just bypass the brother and deed it directly to her. The property is maybe worth $15,000
Expert:  Loren replied 1 year ago.

Some form of probate is necessary to transfer title to real property.

Customer: replied 1 year ago.
We are doing a round robin, I'll just go with what she got from the courthouse till they tell us different. Thanks anyway
Expert:  Loren replied 1 year ago.

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.

Customer: replied 1 year ago.
Evidently the brother has been dealing with the lender for 8 years now
Expert:  Loren replied 1 year ago.

Can he get a payoff letter and a release from them?

Expert:  Loren replied 1 year ago.

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.

Expert:  Loren replied 1 year ago.

Who will be signing the quitclaim deed?

Expert:  Loren replied 1 year ago.

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?

Expert:  Loren replied 1 year ago.

Are you still online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

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