Legal Question in Real Estate Law in Illinois

My dad passed five years ago. He left no Will. I have 3 siblings. I am the Executor of the Estate. My dad name is the only name on the deed. Siblings won't sign deed. What are my options? Can I have deed in my name only?


Asked on 1/13/17, 2:54 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

If there was not a will, there is not an executor. For an estate that does not involve a will (an "intestate" estate), an "administrator" is appointed by petition to the probate court. You and your siblings probably have equal standing to be appointed. The judge would have to decide among the four of you if there are competing petitions.

The facts are not sufficiently stated to help you develop a plan. If you petition and are appointed the administrator, then it would be up to you to handle the property (such as selling it), but nevertheless you would be doing so on behalf of the estate. It is not clear whether the estate has other assets that would factor into how it could be divided. Without a will, the estate would go 1/2 to the surviving spouse and 1/2 to the surviving children. If no spouse, then all to the children.

Since your father passed five years ago, there may be some options to avoid court proceedings, but the family would have to be in agreement (full cooperation from your three siblings). An attorney, however, may be able to persuade them that an amicable plan will benefit everyone (saving the cost of probate).

Read more
Answered on 1/14/17, 7:02 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois