Legal Question in Family Law in Illinois

my fathers will states if his widowed wife sells the house half the money should be split by the children. the other half goes to his widow. i have found out she is living elsewhere and her son lives there now.the acessors office shows a quick claim deed was done last year with the sons name on it but didnt show any price being paid.

my question is, if money is being paid to her priviately by her son for the house, am i entitled to my split of the money still?

thanks,

tina


Asked on 12/29/11, 9:03 am

1 Answer from Attorneys
Stephen Messutta

The will should have been filed in court and a probate action commenced if this is Illinois real estate. Any property passing by will must be probated. So if this did not occur and you know there is/was a will, it can still be filed and a probate case still opened, and then whether you are entitled to anything can be addressed, and "clearing title" as required under the will can be accomplished.

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Answered on 1/12/12, 11:17 am


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