The trial court therefore determined that the 2011 trust was valid and that it effectively revoked the 2006 trust. The trial court further found that the estate had not presented sufficient evidence that Michael had exerted undue influence before or when the 2011 trust was made and executed. The trial court found that the 2006 trust was valid. The trial court explained that the 2005 deed did not validly transfer the property into joint tenancy, because the decedent did not intend to convey any present interest to Michael when she signed it. On September 12, 2014, the trial court entered its ruling, determining that the decedent’s estate should be divided evenly among the four sons. In affirming the trial court, the Appellate Court stated that: In 2011, the decedent refinanced her mortgage and the loan documentation indicated that she was the sole owner of the property.įinally, a new trust was executed in 2011, which referred to the joint tenancy deed and that the property shall “become the sole and exclusive property of my son, Michael Mendelson,” pursuant to the deed, However, the trust never gives the property to the son. Later, a 2006 deed was executed and recorded transferring the property to a 2006 trust, which was later revoked. This raised the question of whether delivery of the deed occurred. The facts showed that a 2005 joint tenancy deed was executed, but never recorded during the decedent’s life. Mendelson, 2016 IL App (2d) 150084, which is worth reading. The legislative history includes a case, Estate of Mendelson v. I have received various comments from title companies, such as (1) never heard of this statute (2) you can record without the acceptance (3) you can record, if you have the acceptance but you don’t need to attach it and instead keep it in your file or (4) you should attach it and record with the deed. (b) If the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. (a) The transfer of real property to a trust requires a transfer of legal title to the trustee evidenced by a written instrument of conveyance and acceptance by the trustee. Effective January 1, 2017, there is a new statute, 760 ILCS 5/6.5, which requires a written acceptance of a conveyance of real estate by the grantee/trustee.
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