Death in the family and Quit Claim Deed

johnnyimgeek · Joined: 18 Feb 2009 Posts: 1 1.96 Dollars($)

Hello,

I hope I get the answers I'm seeking.

This question pertains to Illinois. The beginning of 2008, tenants in our home included, My grandmother, my mother and myself. the quit claim deed included all three of us as grantees with my Grandmother being the grantor.

Since she passed away, does that mean that my mother and myself, as grantees, have our interest in the home divided 50/50?

Also, whether it means our interest is dived 50/50 or not, since it's my mother and I as sole grantees on the quitclaim deed who are still alive, can she quit claim deed the interest to both of us, her being the grantor and both of us as grantees?

Can she as the grantor, and both of us and the grantees, assign anyone of us as the person to recieve the property tax bill?

How about since we're both currently grantees on the quitclaim deed, can I be the grantor, making both of us grantees? Or should I phrase it as, Can it be either of us as the grantor making both of us grantees? I hope I'm making sense.

We're tired of saying that my grandmother has passed away and that we are calling and doing things property wise on behalf of her. We'd like change the quit claim deed that currently has all three of us to included only my mother and I so that we can both have ownership rights and I can change my grandmother's name to my name on the mortgage, homeowners insurance, etc and we can do things on our behalf.

thanks for any help. I'm sure Ill have more questions.

jenkin7

Hi johnnyimgeek,

Since your grandmother has passed away, all you need to do is to file the death certificate with the county recorder's office so they can issue a legal document stating you and your mother as the owners of the property, thereby removing deceased grandmother's name from the deed.

You will be entitled to half the property, with the other half going to your mother, unless otherwise mentioned in the deed. I don't see any point in drafting the deed once again with either of you as the grantor and both of you as grantees because as co-owners you are already the owners of the property. You can negotiate between yourselves to assign anyone of you as the person to receive the property tax bill.

Guest

Thanks very much for your answer. It was very helpful. I have another question: I know now that once you are on the deed, you are responsible for paying the property taxes. Am I legally obligated to pay the mortgage too as an owner on the deed, even though the mortgage was only in my deceased grandmother's name?

jenkin7 · Posted: Fri Feb 20, 2009 1:30 am Post subject:

Hi johnnyimgeek,

Since the mortgage is in your deceased grandmother's name, you aren't obliged to pay the mortgage. But the lender reserves the right to foreclose the property for non-payment of the loan amount. To save the property you can refinance the mortgage in your name and pay off the existing debt or you can simply continue making the payments. However, as you aren't on the loan, your credit score won't be affected just in case the property is foreclosed.

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