QUESTION
My wife has died. Does our jointly owned home need to go thru probate?
Asked on Jul 16th, 2013 on Wills and Probate - Illinois
More details to this question:
My wife and I both owned our home, and both our names are on the deed. The mortgage is in my name only. My wife died without a will. Do I need to re-title the house, and if so, can it be done without probate?
1 ANSWER
Estate Planning Attorney serving Batavia, IL
at
Drendel & Jansons Law Group
Update Your Profile
Knowingly only the facts you have given, and assuming that you owned the house in joint tenancy with a right of survivorship or as tenants by the entirety, the answer is, no. You do not need probate. The house is yours alone now by operation of law as the survivor. You do not need to re-title it. Since the mortgage is in your name alone, you do not need to do anything with the bank either.
Answered on Jul 17th, 2013 at 3:16 PM