How to Clear Up Real Estate Title Issues?
HOW TO CLEAR UP REAL ESTATE TITLE ISSUES?
Sean Robertson and Robertson Legal Group, LLC are experienced real estate deed and real estate title transfer attorneys. Often, people have issues with a house upon a death because a loved one failed to adequately estate plan during their life. Most attorneys will inform a family that probate court is required. Probate court is not required in many cases where real estate is the main asset.
Most probate and estate planning attorneys do not understand real estate law. As an attorney, I used to be similar to them until a small title company trained me in real estate law. We help people with quit claim deeds and real estate title issues . We prepare quit claim deeds and affidavits of heirship. An affidavit of heirship assist to clear up real estate title issues.
Who are good candidates for an affidavit of heirship?
An affidavit of heirship is a sworn legal testimony describing one’s family relationships such as mother, father, brothers, and sisters. Affidavits of heirships are generally used in probate cases to prove heirship related to a decedent or a deceased person. The purpose of an affidavit of heirship is to prove that a person or persons are related to a certain person and entitled to inherit under Illinois law. In many cases, a husband and wife have deceased and there are no valid heirs after the husband and wife.
Generally, a Quit Claim Deed and an Affidavit of Heirship is useful when you have a family that has an uncontested matter where the heirs agree and want to sell the real estate or refinance the real estate into one heir’s name. The purpose of the Quit Claim Deed is to transfer the legal title to real estate from the heirs to a particular person or persons. The purpose may be for one of the two reasons. The first reason may be due to an heir wanting to refinance the property into their names. The second reason may be the heirs want to sell the property and split the proceeds after the sale of real estate.
There are valid and legitimate reasons for probate court. One of those reasons is to pay creditors and eliminate creditor claims in Illinois. With a probate court filing, creditors may be notified of the estate filing and given six (6) months to file their claims with the appropriate court. If the creditors do not file claims in a timely manner, the creditors lose the right to collect on their outstanding amounts. Second, the heirship and legatees may have disagreements where probate is the best avenue to resolve these issues. Third, there are not enough heirs to credibly have a Title Company rely on the heir self-serving declaration that they are the only heir to a decedent.
A major issue with an affidavit of heirship is reliability. Robertson Legal Group, LLC must prove to a title company that their clients’ claims are credible and legitimate. No legitimate title company or real estate attorney wants a client that will commit fraud. There are documents that Robertson Legal Group, LLC will request to prove your claims of heirship. In most cases, legitimate heirs and clients have these documents or can easily attain them.
EXPERIENCED REAL ESTATE ATTORNEYS IN YORKVILLE AND OSWEGO
Sean Robertson and Robertson Legal Group, LLC are real estate and quit claim deed attorneys that assist families with their real estate title transfers using quit claim deeds, affidavit of heirships, and small estate affidavits. Sean Robertson is a graduate of DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson is an experienced real estate attorney with offices in Yorkville. Contact us at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.