Fill and Sign the Fiduciary Deed for Use by Executors Trustees Trustors Administrators and Other Fiduciaries Illinois Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF ILLINOIS FIDUCIARY DEED Control Number – IL - SDEED - 6 NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you being to complete the fields. After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If problems, please let us know. NOTE ILLINOIS PROPERTY TAX CODE – TRANSFER TAX EXEMPTION 1. Real Estate Transfer Declaration can be completed and printed online at: https://www.revenue.state.il.us/RETD/ 2. See the following for a listing of the exemptions to the Illinois Transfer Tax on real estate transactions: (35 ILCS 200/31-45) Sec. 31-45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section: (a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date. (b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration. (c) Deeds or trust documents that secure debt or other obligation. (d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded. (e) Deeds or trust documents where the actual consideration is less than $100. (f) Tax deeds. (g) Deeds or trust documents that release property that is security for a debt or other obligation. (h) Deeds of partition. (i) Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act. (j) Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock. (k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration. (l) Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. (m) A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration. 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Prepared By and After Recording Return to:                         Send Tax Statements to Grantee (Name and Address):                         -------- Above This Line Reserved For Official Use Only--------       NOTE: Exempt under Provisions of Paragraph ____________ , Section 31-45, Real Estate Transfer Tax Law, Illinois Property Tax Code WARRANTY DEED (Fiduciary) KNOW ALL MEN BY THESE PRESENTS THAT: FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, ______________________________ , as ________________________ , by the power conferred upon him/her by ________________________ , and the laws of the State of Illinois does hereby CONVEY AND WARRANT unto ________________________ , an individual, or ________________________ and ______________________________ , individuals, or ________________________ and ______________________________ , Husband and Wife, hereinafter “Grantee(s)”, whether one or more, the following lands and property, together with all improvements located thereon, lying in the County of ________________________ , City of ________________________ , State of Illinois, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Warranty Deed Page 1 of 3 SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. TO HAVE AND TO HOLD to said GRANTEE(s) forever. And Grantor does for herself/himself in his/her capacity as ________________________ covenant with the said grantee(s), their heirs, personal representatives and assigns, that he/she is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that he/she has a good right to sell and convey the same as aforesaid; that he/she, in his/her representative capacity, shall warrant and defend the same to the said grantee(s), their heirs, personal representatives and assigns forever, against the lawful claims of all persons. In Witness Whereof, the said ______________________________ , __________________ , has hereunto set his/her hand this ______ day of __________________ , 20 ______ . Grantor       Type or Print Name STATE OF IILINOIS COUNTY OF __________________ The foregoing instrument was acknowledged before me this ______ day of __________________ , 20 ______ by ______________________________ (name of person acknowledged.) Notary Public       My commission expires: ____________ Type or Print Name Grantor(s) Name, Address and phone: Grantee(s) Name, Address and Phone:             Warranty Deed Page 2 of 3                                                 ** Type name and title of fiduciary such as: “John Doe, as Executor of the Estate of John Doe, Sr.”, “John Doe, as Administrator of the Estate of John Doe, Sr.”, “John Doe, as Trustee of the John Doe, Sr. Family Trust”, “John Doe, as Guardian of the Person and Estate of John Doe, Sr.”, “John Doe, as Conservator of the Person and Estate of John Doe, Sr.” Note: If conveyance is to two persons as joint tenants add "as joint tenants with rights of survivorship and not as tenants in common" after name(s) of grantee(s). You may also add this paragraph to the body of the deed: TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one grantee herein survives the other, the entire interest in fee simple shall pass to the surviving grantee, and if one does not survive the other, then the heirs and assigns of the grantees herein shall take as tenants in common. Warranty Deed Page 3 of 3 EXHIBIT A       Warranty Deed Exhibit A