Removing deceased from deed in joint tenancy

[jtb1977]

What is the name of your state (only U.S. law)? Illinois, Will County

Hello,
My mother passed away recently, and held a piece of property (rental home) in joint tenancy with her mother. She passed away over 20 years ago. My mother never removed her deceased mother from the deed.
I am the executor and sole beneficiary of my mother's estate. I understand that first, I need to file an Executor's deed to replace my name with my mother's on the deed (correct me if I'm wrong.) After that is done, what steps do I need to take to remove my deceased grandmother from the deed?

Any help or input is greatly appreciated!

Thanks!

 

[justalayman]

how was title held between your mother and grandmother?

Does the deed (with them as grantees) state they take title as tenants in common, as joint tenants (possibly with the term; with rights of survivorship), or with no mention either way?

Along with that, did your grandmother have a husband at the time of her death? Did she have any children other than your mother?

 

[jtb1977]

My grandmother was divorced; if that isn't enough, he was deceased as well. She has one other child, my uncle. Grandmother died intestate. My uncle never had any interest, or stake in the property. FYI: The deed appears to be a generic Cole legal form. All it says up top is Warranty Deed Joint Tenancy for Illinois.

 

[justalayman]

You should have the deed reviewed by an attorney practicing in real estate but generally, in Illinois, if a deed states title is taken as joint tenants and not as tenants in common, if there are two grantees and one dies, the other becomes the sole owner with no other action needed. You may check to see if the register of deeds records death certificates of grantees.


You also do not remove or replace names. Each deed is an individual mechanism to transfer rights to another party. In your situstion, the administrator of the estate would create an executors deed (or whatever Illinois calls the deed used by the administrator of an estate to transfer the property from the decedent to the reciever of the property.