Legal Question in Family Law in Illinois
real estate inheritance
My father and his sister inherited property belonging to their parents. My fathers sister passed away leaving her half to her two children. They want to sell and my father does not. they have informed him they are getting an attorney and have him forced into selling. It was written in the parents will if there was a dispute between the two ''children'' over properties, everything would be auctioned off. They, the children, did not have a dispute, however now the property has passed to her children and they assume they can force him to sell. There are 2 yrs. back taxes owed and 6 thousand dollars to the state for nursing home debt because she died on IL medicaid.
1 Answer from Attorneys
Re: real estate inheritance
Hello. I read your posting and I do hope that an estate has been filed for your aunt. Now whether your cousins have a right to act so heavy-handed will depend on what the deed says. For instance, if the deed were to say .....to ___________ and ______
___________with right of survivorship that means that the first of two to go will take everything. I will be happy to discuss this further and in more detail.