Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Illinois
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Old 01-05-2024, 06:49 PM
3 posts, read 1,814 times
Reputation: 10


I recently inherited a house in Cook County. A Transfer on Death Instrument (TODI) was filed a few years ago. The Grantor passed recently and the house has been deeded to me via TOD. Trouble is, the current/previous homeowners insurer wants to see a deed in my name to insure the property for me. Attorney tells me there is no deed other than the TODI which has been recorded. And the recording is viewable online.

In IL a TOD transfer used to require the Grantee to 'claim' the deed at the courthouse. I was told that this is no longer necessary. Online I am finding the older text of the TOD in IL where one must claim and change the deed. Is the text or online which states that the TOD is valid without changing the owners name. If I understand this situation correctly, there is nothing to change, except the understanding of the insurer/underwriter.

Puzzled in cook county
Reply With Quote Quick reply to this message

Old 01-07-2024, 07:10 PM
1,225 posts, read 1,230,252 times
Reputation: 3429
I'm not certain but I think either the Attorney is either misinformed or maybe explained things badly.

You should still file this document: https://www.cookcountyclerkil.gov/si...0Affidavit.pdf

It's not required. But it will help speed things up. The TODI can have multiple beneficiaries. The owner is supposed to list name and address, but you don't list phone number or email. So without the affidavit, they have to determine
--do the listed beneficiaries actually accept/want the property?
--Did any of the listed beneficiaries predecease the owner?
--If so, how did the owner dictate that the remaining beneficiaries split the proceeds?
--Are the beneficiaries still living at the address listed on the TODI, for notification and record purposes (and to what address should they send your tax bill to )?
--If all beneficiaries are pre-deceased, then all the above questions have to be addressed for the contigent beneficiaries

This isn't as arduous as probate and nothing about it calls into question who is the rightful beneficiary. But they still need to be resolved before they can issue a new deed. And the clerk's office is not known for their speed. Submitting the affidavit answers some of these questions so they can get on with the paperwork.

But I don't believe the TODI serves as your deed. I've never heard that. I think either the attorney explained it badly or was misinformed about Illinois law.

BTW--I'm not sure if that's the latest document....county reorganized recently and now Karen Yarbrough is the County Clerk, not the Recorder of Deeds. But I can't find another updated version with her new title. Maybe someone else will come along to share it.

Last edited by MarianRavenwood; 01-07-2024 at 08:04 PM..
Reply With Quote Quick reply to this message
Old 01-08-2024, 09:30 AM
3 posts, read 1,814 times
Reputation: 10
I understand the situation more fully now. I had seen the acceptance document. That was when I contacted my attorney and he said I did not have to file. My delay in filing at this point is that I live in the Northeast. And I am recovering from a catastrophic injury.

The county has already recorded my name and SSN, as well as a contingent name if I predeceased the grantor along with their relationship. Tax billing and insurance are currently paid through the mortgage holder. I intend to file a TODI to my beneficiary when I accept the property transfer to me.

Thank you Marian for your reply,
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.

Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply

Loading data...
Based on 2000-2020 data
Loading data...

Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Illinois

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top