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My mother wants to put me on her house. How would she do…

My mother wants to...

My mother wants to put me on her house. How would she do that?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I'm not sure how to proceed

Lawyer's Assistant: Where is the house located?

Plainfield, IL

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 1 minute by:
4/30/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, an Illinois licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Customer reply replied 3 months ago
ok
Customer reply replied 3 months ago
talking to you online is just fine, for now

If you r wife wishes to add you to the title as tenants by the entirety, typical and advised for a married couple titling their primary residence, all she needs to do is fill out and sign a quitclaim deed from herself to you and her, not as tenants in common or in joint tenancy, but as tenants by the entirety.

Then the deed is recorded with the County Recorder's office.

You are then on title.

Here is a link to a quitclaim deed you can use as a template:

ILLINOIS QUITCLAIM DEED

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Customer reply replied 3 months ago
I want to be put on her house so when she dies, it doesn't go through probate.

You should title it in joint tenancy. That will avoid probate.

The grant would be from your mother to you and your mother, not as tenants in common, but as joint tenants with right of survivorship.

That means her interest in the property will automatically go to you upon her death.

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Customer reply replied 3 months ago
how would I do that?

By filling in and recording the quitclaim deed I provided.

Also, if there is a mortgage she will need the consent of the lender to change the title.

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Customer reply replied 3 months ago
Do I need a lawyer to record the Quitclaim deed?

No, there is no legal requirement that you have an attorney prepare and record the deed. You are allowed to do it yourself. Though, anytime you are changing title it is a good idea to have a real estate attorney prepare the documentation.

Mistakes in title can be very expensive to correct.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Ok, thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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