Real Property & Tax Planning · Illinois
Real Property Deeds The Right Transfer, Done Right, the First Time
Your home is likely your largest asset. How it is titled, transferred, and integrated into your estate plan determines whether it goes through probate, who receives it, and what your heirs pay in taxes. Brad Plaschke handles every Illinois deed instrument with precision.
What We Do
Why Real Property Titling Matters in Estate Planning
Illinois real property titled solely in a decedent’s name must go through probate before it can be transferred to heirs — regardless of what a will says. The solution is proactive deed planning that integrates your home and investment properties into your estate plan before death makes it unavoidable.
Without Deed Planning
Real property in your name alone goes through Illinois probate on your death. The court supervises the transfer, creditors can make claims against the estate, the process takes 12–18 months, and all proceedings are public record. Your family pays the cost.
With Proper Deed Planning
Property transferred to a living trust, or subject to a Transfer on Death Instrument, passes directly to your named beneficiaries at death — without court, without delay, without public record, and without probate costs. The process takes weeks, not years.
"For most Illinois homeowners, failing to deed your property into a trust is the single most expensive estate planning mistake they make. The probate process for a single home routinely costs more than the entire estate plan would have."
— Brad Plaschke, Managing Attorney · ARDC #6225854
Deed Instruments We Prepare
Illinois Deed Instruments for Every Situation
01
Trust Transfer Deed
Transfers your home or investment property from your individual name into your revocable living trust — the essential step that makes a trust actually work. Properly prepared to avoid triggering property tax reassessment or mortgage due-on-sale clauses.
02
Transfer on Death Instrument (TODI)
Illinois’s probate-avoidance deed alternative. Names a beneficiary who receives the property automatically at your death — without a trust and without probate. You retain full ownership during your lifetime and can revoke it at any time.
03
Quitclaim Deed
Transfers ownership interest without warranty of title. Used for family transfers, trust funding, LLC contributions, adding or removing a spouse, and divorce-related transfers. Must be done correctly to avoid unintended tax and mortgage consequences.
04
Warranty Deed
Transfers property with a full guarantee of clear title. Used in estate administration when distributing real property to heirs, in trust-to-beneficiary transfers, and in situations where title warranty is required by the recipient or a lender.
How It Works
Our Real Property Planning Process
01
Week 1
Property & Title Review
Brad reviews how your property is currently titled, identifies any mortgage considerations, and determines the right instrument — trust deed, TODI, or other — for your situation and goals.
02
Week 1–2
Tax Impact Analysis
Illinois real estate transfers can trigger property tax assessments or gift tax implications if not structured carefully. Brad ensures the transfer is structured to avoid unintended tax consequences.
03
Week 2–3
Deed Preparation
The appropriate deed instrument is prepared in compliance with Illinois recording requirements — correct legal description, proper parties, required disclosures, and county-specific formatting.
04
Week 3–4
Execution & Recording
Deed is executed with notarization and recorded with the appropriate Illinois county recorder’s office — creating a complete public record of the transfer and legally completing the transaction.
Frequently Asked Questions
Will transferring my home to a living trust trigger my mortgage's due-on-sale clause?
Generally no. Federal law (the Garn-St. Germain Act) provides an exemption from due-on-sale clauses when property is transferred into a revocable living trust where the borrower remains a beneficiary and occupant. Brad ensures the deed transfer is structured to clearly qualify for this exemption and, when necessary, coordinates with your mortgage servicer.
What is a Transfer on Death Instrument (TODI) and how does it differ from a trust?
Are there Illinois real estate transfer taxes when deeding property to a trust?
What happens to my property tax homestead exemption when I transfer to a trust?
Can I deed property to my children during my lifetime to avoid probate?
What Naperville Homeowners Say
“Brad funded our trust by preparing the deed transfer for our Naperville home. He handled every detail — the recording, the mortgage notification, the homestead exemption — so we didn’t have to navigate any of it ourselves. It was completely seamless.”
Greg & Nancy B.
“I had investment property in my own name that needed to go into an LLC. Brad handled the deed transfer, explained the tax implications in detail, and made sure we didn’t accidentally trigger anything unintended. Exactly the expertise I needed.”
Marcus T.
“After my mother passed, her home was still in her name alone. Brad guided us through the probate process to transfer it, then helped us set up TODIs on our own properties so our children won’t face the same situation. Forward-thinking counsel.”
Diane F.
Is Your Home Protected?
Find out how your property is titled and whether it will pass to your family without probate. Schedule a free review today.
Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.