Legal Question in Family Law in Illinois

My mother is asking me to Waive My Rights on a parcel of land that my recently deceased father left, so she can sell it. My father died intestate. I am very uncomfortable signing the documents to Waive My Right simply because I know that me and my mother do not get along very well and that if the land sells, I can guarantee that she will not give me any part of it. She has shown favoritism ever since I was a child and this has not changed since. I am not the favorite. By law, can my mother via intimidation and bullying, demand me to waive this right? What is my legal right on the sale of the property?


Asked on 3/01/10, 8:50 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You have an interest in the parcel. She can not demand you waive anything. You are entitled to be compensated for that interest. How much that is seems to be unknown.

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Answered on 3/06/10, 9:07 am

Depends...

1. Depends on how she and you your father owned the land: did they own it together, or was his name the only one on title/deed. In the former case, if they owned it as joint tenants or as tenants by the entirety, she theoretically could sell it on her own and what she's doing is asking you to waive rights that you may not otherwise have. Alternatively if you do waive rights that you do have there may be tax consequences to you.

2. If they owned as tenants in common, then you would potentially inherit a portion of his portion. And if he owned it 100%, again you would inherit a portion under Illinois law. And someone will have to open a probate estate to clear title, potentially sell, etc. You have a right as a potential heir to waive your rights, but you have no obligation to do it for free.

3. There are ways she can make things difficult for you, but you do have potential rights here. Time to get an attorney involved who can help determine the extent of your rights, if any, because even if you are not entitled to a portion of the land itself, there may be other estate assets involved. Sorry to hear about the family situation, but you have to decide what's next.

This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Law cited or referred to may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.

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Answered on 3/06/10, 9:15 am


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