My father passed away 6 years ago without a will. What forms will I need to file to get his house in my name.: I have been paying the mortgage since, and when my father died there was no equity in the loan as he only had paid for one year prior to his death. My sister and I are the only heirs and my sister wants to sign any rights to the property over to me. I live in Fulton County Illinois.
Matthew’s answer:
Thank you for your question. First you should check the records at the recorder's office to see how title is held in the home (who owns the home). Based upon who has title to the home is how you would next proceed. If it was only in the name of your father, the process to get the home in your name may involve probate.
It would be very wise to contact an estates or probate attorney for some direction. Most attorneys will offer a free phone consultation--take it! It would also be wise to do some estate planning of your own to avoid any confusion in the future regarding your property or health care.
I hope this helps. I have also included some resources for your review. Please let me know if I can help further.
Can I do a last will & testament myself by downloading a form.: If I download a form for a will, complete and have it executed is it legal?
Matthew’s answer:
Thank you for your question. If you download a form from the internet and have it executed according the laws of the state in which you reside then yes the will would be legal, but please be careful because this could get you into much trouble! Having a legal will is much different than having a will that will do what your circumstances require. Without knowing your estate planning needs and without being able to see the will that you will download to sign, no one can have an opinion on whether the will is going to benefit you.
In addition to a will, you should also think about a greater estate plan that includes powers of attorney for health care and property, HIPAA waiver, possibly a mental health care declaration, possibly a trust, possibly some transfer-on-death planning.
Pulling a will off of the web and signing it may quickly ease your conscience, but could certainly have negative consequences in the future.
It wouldn't hurt to talk with an attorney about an estate plan. Many attorneys offer a free telephone consultation and could get you going in the right direction. Also, I have attached some articles from my website for resources.
Good luck!
Adding person as trustee to existing trust??????: Daughter to be added.
Matthew’s answer:
Thank you for your question. This is a simple process for an experienced attorney. While you are consulting with an attorney to get your trust changed (see about a free consultation), it would be a good idea to have he rest of your estate plan reviewed to ensure it reflects your wishes.
Please let me know if I can help further.