Legal Question in Real Estate Law in Illinois
I am on the condo association board of our condo building in Illinois. Earlier this summer one of our residents passed away without a will. Her husband passed away years ago and her only heirs are her children, who have refused to pay the mortgage assesments on her condo for the past 6 months, claiming they don't have to because there was no will and thus they are not the owners.
They do however come and go as they please throughout the building, without escort, to gather the remaining possessions of their mother from the condo.
Since there was no will, 1) Are they now the owners by default under Illinois law, thus making them responsible for the monthly assessment payments? and/or 2) If the law does not deem them owners, are considered tresspassing and can we ban them from coming on the property without permission or being escorted by another resident, preferably a board member?
2 Answers from Attorneys
The are most likely the heirs and therefore the owners.
The Association can lien the unit for unpaid assessments and evict everyone, eventually having the unit sold to satisfy the assessments.
The Association, being a creditor, can actually open a probate estate, cause ownership to go to the heirs and potentially have the unit sold to satisfy assessments.
The heirs are most likely not liable for assessments unpaid up until death of the surviving spouse but would be liable going forward.
One way or the other the heirs will catch wind and probably do something.....
See an attorney who handles condos and/or probate matters.
Not sure what you mean by "mortgage assessments." The heirs of the deceased owners are now likely the owners of the condominium unit--a will is not required. Without a will, ownership goes according to Illinois intestate succession laws. You have no right to block their access to the condominium unit, nor to require that they have an escort. Your only right is to file a lien for unpaid assessments, and eventually try to foreclose your lien. But, rather than turn this into an adversarial situation, you might try speaking politely with them, understanding that they have recently lost a parent, and may not currently have the funds to pay the assessments. If everyone works together to get the condominium sold, I am sure they would be relieved to know they could pay the assessments from the proceeds of the sale.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
