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Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7055
Experience:  29 Years in General Practice and Estate Planning
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After my second marriage in Illinois my son Greg and I

Customer Question

After my second marriage in Illinois my son Greg and I bought house, is my second wife allowed to move after I die even though he will be the legal owner from joint tenancy.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2 replied 1 year ago.

Welcome to JA and thank you for your question.

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)."
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.

Expert:  Attorney2 replied 1 year ago.