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I would like to get the title of my late grandparents house out of his trust, and into my name (Grandson) and my uncle's(Son) name.

Should I get a lawyer or is this really all I need.

Its Illinois if that is relevant.

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    Contact a lawyer. They can explain what options, if any, you have. – NotMe Aug 13 '14 at 15:08
  • Ok I was kind of hoping that I didn't need one, hence the question. – Mark Monforti Aug 13 '14 at 16:05
  • Are there other grandchildren who have a legitimate claim on the property? If not, you might comfortably skip the lawyer and talk to an accountant about tax implications. – Nathan L Aug 14 '14 at 21:06
  • Thanks, a friend of mine who is a lawyer is going to help me out pro-bono Ill update situation here as it unfolds. My dad who is 84 is opting out of his ownership so my uncle and I the only child are going to be put on the title. I would love if the three grandchildren were put on title instead – Mark Monforti Aug 15 '14 at 12:41
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If you are not a trustee, then you can't do this. An appointed trustee has to handle this type of transaction. The trustee would have been appointed by your grandparent to have legal authority to do so.

If you ARE a trustee, be sure to find our your state's process for transferring to descendants, or the property tax base may be increased to current rates.

  • Ok thanks my dad and uncle are trustees so I believe they can do this. And assign ownership to me and my uncle. – Mark Monforti Aug 18 '14 at 12:44
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This may go without saying, but does the house have any type of lien on it? The most common is a mortgage. If so, the answer is a simple "no" the other parties can't just sign over ownership because the mortgage isn't necessarily tied to it.

If there are no liens, then you can possibly just have the other parties sign over ownership, but checking with the lawyer would be a good idea.

  • Nope no lein. Mortgage free since 1960 – Mark Monforti Aug 15 '14 at 14:35

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