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Real Estate Title Issues and Estate Planning

Posted on in Real Estate Law

b2ap3_thumbnail_real-estate-title-insurance.jpgReal Estate Title Issues and Estate Planning

Naperville Real Estate and Estate Planning Lawyers: Real Estate Title and Conveyance Upon Death

About three months ago, I received a phone call from John Smith, whom I had represented when he purchased a home ten years ago. He shared with me that in the past ten years, he married the love of his life, Susan and has two adorable daughters. The house he had purchased ten years ago, was more than just a house it was his family’s home.

Our conversation then took a turn for the worst when he told me he was diagnosed with Stage III Hodgkin lymphoma. He was now reaching out to ensure his family would be taken care of without any issues should he die. He knew my experience spanned real estate and estate planning and wanted to make sure both areas of law were handled properly.

Up until the point of his phone call, John solely, held the real estate title to the family’s home and the young couple had not even considered creating an estate plan.

Stepping in to protect his family’s welfare, I first had John transfer title by executing a Quit Claim Deed to include his wife on the real estate title. I then drafted and finalized a Revocable Living Trust to make sure his wife and children’s interests were protected.

Due to his diagnosis, John Smith understood the urgency of financially taking care of his family in the event of his death with an attorney experienced in real estate and estate planning law.

All too often people don’t realize the implications when one spouse holds the real estate title of their primary residence or investment property. Major problems occur when the spouse, holding title dies, and has children outside of the marriage and the living spouse now must address the issue of co-ownership of real estate with his or her step children.

A consistent remark in the real estate title industry is estate planning attorneys are horrible at preparing real estate deeds. Consequently, real estate title issues occur which must be addressed before a closing can occur so that the title is properly transferred to the buyer(s).

Unlike most estate planning attorneys, Sean Robertson of Robertson Legal Group, LLC has expertise in estate planning and real estate law. Sean Robertson works closely with a reputable title insurance company, which has taught him real estate law in addition to his strong estate planning background.

Experienced Naperville Estate Planning and Real Estate Lawyer in DuPage County and Will County

Sean Robertson of Robertson Legal Group, LLC is an experienced estate planning and real estate lawyer. Sean was admitted to the Illinois Bar in 2004, having graduated from DePaul University College of Law, where he received his J.D. Sean’s undergraduate degree is from the University of Illinois at Champaign-Urbana in Political Science. Robertson Legal Group, LLC has offices in Naperville, Illinois, and supports the surrounding areas of Aurora, Wheaton, Warrenville, Batavia, North Aurora, and Lisle. Sean Robertson represents widows, seniors, and middle-class families with their real estate and estate planning legal needs. Sean Robertson may be reached at his Naperville Office at 630-780-1034.

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