Legal Question in Real Estate Law in Illinois

my brother and another non related person are heirs to a home for the past 12 years. they were the only 2 named in the will that left it to them. as my brother is ill now if he passes doe the house go to the other person or does his half go to his siblings

Asked on 3/08/10, 8:51 pm

3 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

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Hi. Your question is a bit unclear. But, assuming you mean that they inherited the home 12 years ago when the person who left the will died, then if your brother passes, your brother's share passes through your brother's will and would not go to the other person. This also assumes that your brother and the other person own the home as tenants in common and not as tenants with a right of survivorship.

Answered on 3/13/10, 9:03 pm

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The answer to your question depends on the nature of the ownership that your brother and the non-related person have. If they are owners in joint tenancy with rights of survivorship, the property will go to the other owner. If in common, the property will pass to your brother's heirs acxcording to his will, if he has one, otherwise according to the intestascy laws.

Answered on 3/14/10, 10:20 am

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