Own your home? A new Illinois law allows you to pass it to your heirs without probate.
I GET so many calls at the office from people who want to know how they can get the title to a property they have inherited placed in their name. And then I have to give the ugly bad news, because the answer usually is: PROBATE. Probate is a process by which assets are transferred from the decedent to the decedent’s heirs. It costs money and it means delays.
Don’t put YOUR heirs in same position as our callers. Make arrangements now for the automatic transfer of your home upon your death.
Thanks to a new real estate law in Illinois, it’s easy to avoid probate when it comes to the family home. With the new law, the Illinois Legislature created a TODI (“Transfer on Death Instrument”). This works in any Illinois County. The TODI looks like a deed. It would be prepared by our office, and then recorded while you’re still living with the County Recorder’s office in which your property is located. In the TODI instrument, you would name the person or persons who you want your title to pass to upon your death . The document requires two witnesses, like a will. Once the TODI is recorded, upon your death (or if there is another owner, the last one to die), the title to your property will automatically pass to your heirs. Very simple! No probate.
What’s more, if you do a TODI, and later change your mind about who you want inherit your home, you can amend the TODI or revoke the TODI.
With a TODI, you don’t have to worry about your beneficiary’s creditors, as they cannot touch the property.
A TODI will not work for everyone, but where the family home is THE major asset for our clients, it can be a terrific option. I think your loved ones will appreciate that you thought of it.
If you have questions about a TODI or other aspect of Illinois real estate law, we’re always available to answer your questions.
Peter L Berk
O’Keefe Rivera & Berk, LLC