Legal Question in Elder Law in Illinois

Re: husband passes away title of house is in his name

The property belongs to her husband's estate. That is not correct at all that it would be hers if she pays taxes for five years. The property belongs to husband's estate and if he had a will that would control distribution. If not, she would get half of the estate. She has preference to be administrator of her husband's estate so she can take control and sell the property. But the proceeds would be distributed 50% to her and 50% to dexcendants. She might be entitled to offset some expenses and taxes that she has paid in the interim. In addition, she is entitled to a spouse's award from the estate.

She needs to see a probate attorney to open up an estate to protect and enforce her rights.

Re: husband passes away title of house is in his name

It is true that if your neighbor's name was not on the house, she will only have a 50% interest in the house. This result is probably not a result that she or her husband expected or desired, either.

Your neighbor needs to open a probate estate now to protect what interest she has left in her marital residence. This is also a good example of why it is important to have professional assistance in preparing an estate plan.