By Sharon Fountain
When a loved one dies without a will or proper transfer documents, the family home that once symbolized sacrifice and stability can easily become a casualty of court costs, unpaid taxes, and family disputes. By the time probate is over, what once was a cherished asset may be gone—sold to cover fees or seized for back taxes. That was the urgent message shared during the Property After Death and Property Fraud Prevention Forum held October 25 at New Beginnings Church, where the Cook County Clerk’s Office and a team of volunteer attorneys armed residents with practical tools to protect what they have worked so hard to build.
The event was part of a countywide outreach campaign launched under Cook County Clerk Monica Gordon, whose office records property deeds, manages elections, and oversees vital records for suburban Cook County. “Property fraud is real and it can happen to anyone,” Gordon said in a recorded presentation. “Unfortunately, there are fraudsters out there who attempt to file forged documents to illegally transfer the property of unsuspecting homeowners. We want you to know how to protect your home and how to plan for what happens after you’re gone.”
At the heart of the forum was attorney Deidre Woods Stokes, assistant professor of law at Chicago-Kent College of Law, who has spent more than 30 years helping families navigate probate and estate matters. Her message was direct: “If you do nothing, there are laws that will do it for you—maybe not the way you want it done,” Stokes warned. “Every family should take time to plan, because when you fail to act, the law takes over, and it may not favor the people you love.”
Stokes explained that probate—the legal process of settling an estate—can be a long and expensive ordeal. “Just to open a simple estate, I can’t touch it for less than $3,500 up front,” she said. “By the time you add attorney fees, court filings, and taxes, you’re looking at $7,500 to $10,000, and that’s if nobody’s fighting.” For many families, she said, those expenses wipe out the property’s value entirely.
Gordon’s office partnered with several free legal aid organizations, including Legal Aid Chicago and the Center for Disability and Elder Law, to help residents take preventive steps before their assets become entangled in probate. “You don’t have to be rich to plan,” said community affairs director Robin Staggers, who helped organize the event. “People perish for lack of knowledge. We’re here to give you that knowledge, because what you don’t know can cost your family everything.”
Speakers walked attendees through three basic tools that can keep property and assets out of probate: the Transfer on Death Instrument (TODI), the Payable on Death (POD) designation, and the Beneficiary Affidavit for vehicles. Each one allows a person to legally pass ownership to a named beneficiary without the delay, expense, and court oversight of probate.
“The Transfer on Death form looks simple, and people think they can just fill it out on their own,” Stokes cautioned. “But one handwritten mistake or missing signature can create a nightmare for your heirs after you’re gone. It’s a legal document. If it’s not done right, it’s invalid.”
She compared a trust to “a box” that holds everything a person owns. “You put your property in that box. You still control it while you’re living, but you decide who opens it when you’re gone,” she said. “Think of it like an insurance policy for your life’s work.”
Stokes encouraged families to think carefully about who they designate as trustees or beneficiaries. “Don’t put people in charge who can’t balance a checkbook now,” she said, drawing laughter from the audience. “Your death isn’t going to suddenly make them responsible. Love doesn’t balance a checkbook. Choose people who can manage your affairs, not just the people you love the most.”
The discussion also exposed how the lack of estate planning widens the racial wealth gap. According to the Federal Reserve’s 2022 Survey of Consumer Finances, the median wealth for white households is about $285,000, compared to $44,900 for Black households and $45,000 for Hispanic households. Studies by the Brookings Institution and McKinsey & Company show that roughly 68 percent of white adults have wills, trusts, or estate plans, compared with 33 percent of Black adults and 25 percent of Hispanic adults.
That gap has consequences reaching far beyond individual families. Research from the National Community Reinvestment Coalition found that for Black households, more than 90 percent of wealth gains in recent years came from homeownership. Yet barriers to buying and keeping a home remain steep.
Nationwide, mortgage lenders deny about 21 percent of Black applicants, compared to 11 percent for white applicants, according to the National Association of Realtors. In 2023, Black homeownership stood at just 45.9 percent, compared to 73.8 percent for white households, the largest gap since 1890. Lower incomes compound the problem: the median Black household earns $56,490, compared to $84,630 for white households. These disparities make it harder to qualify for loans, save for down payments, and maintain older homes once purchased.
“Buying a home is just the first step,” Stokes told the audience. “Keeping it—and protecting it for your children—is where the real challenge begins.”
The forum also focused on another growing threat: property fraud, sometimes called “deed theft.” Gordon’s office presented an investigative video showing how criminals forge signatures and file fake deeds to steal homes. In one case, a Florida couple was caught transferring three properties to their names using quick claim deeds that cost less than a dollar to file. “That’s how easy it is,” the narrator said in the video. “A few pieces of paper and your home is gone.”
To combat the problem, the Cook County Clerk’s Office operates a Property Fraud Unit that investigates suspicious filings and offers a free Property Fraud Alert. The service notifies property owners by phone or email whenever new documents appear on their title. “Even if your home is paid off, someone can still try to file a deed on it,” Gordon warned. “Sign up for the alert service. It’s free protection for something priceless.”
Still, Stokes reminded the audience that legal forms alone can’t replace human judgment. “Every time a Black family loses a home to probate or fraud, that’s one less piece of generational wealth in our community,” she said. “We can’t build legacy without protection.”
Community advocate Arenda Troutman, who helped host the event, closed the program with a warning that underscored the real-world stakes of neglecting to plan. “When no one claims a home, when it sits tangled in probate and unpaid taxes, developers move in,” she said. “They buy it for next to nothing, tear it down, and change the fabric of the neighborhood. And while families fight in court, their block changes forever.”
Troutman explained that many of these properties are older and in need of repair. Without clear ownership, families can’t qualify for grants or home-improvement loans. Instead, the homes deteriorate, are condemned, and eventually demolished—often making way for new, higher-priced developments that long-time residents can’t afford. “This is how we lose our communities one parcel at a time,” she said. “It’s not just about paperwork. It’s about power.”
Stokes echoed that sentiment, urging homeowners to think carefully about the future stewards of their property. “You have to know who you’re leaving your property to,” she said. “Don’t just name someone because they’re family. Choose people who share your values and will protect what you’ve built.”
The forum ended not with fear, but with resolve. Residents filled out property fraud alert forms on-site, spoke with volunteer attorneys, and pledged to complete their Transfer on Death documents. For many, it was the first time anyone had explained the process in plain language. Staggers called it “empowerment through education.” Gordon called it “community protection.” But Stokes had the final word. “You’ve worked your whole life for what you have,” she told the crowd. “You’re in the business of you. Protect your assets so they serve the people you love—not the court system.”
For more information about hosting a Property After Death or Property Fraud Prevention Forum at your church, community group, or organization, contact Robin Staggers, Special Assistant to the Clerk for Community Affairs, at (312) 603-3974 or [email protected].