I am a resident of Centreville, IL. My dad passed away on April 28, 2020. I have a copy of the last will & testament stating he has given m e the house, for which still has a mortgage on it. I was able to have the home owners insurance placed in my name. The Mortgage company wants a copy of a deed , signed by him, stating I can be the new owner of the home. But, I do not have that. How can I have my name placed on the deed? Any advise at all will help, thank you.
You must present the Will to the county probate court. The court will issue Letters Testamentary to the person named as executor in the Will (unless that person is somehow disqualified). That person can sign and record an Executor's Deed (also called a Distribution Deed) deeding the house to you, subject to the mortgage. This is not a DIY project. Hire a probate lawyer who practices in the county in which your father died.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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