Legal Question in Real Estate Law in Illinois

in feb of '06 step-dad had a stroke and i started caring for him fulltime. in april of '06 my step-sister his only child became his temporary guardian. in may of '06 my step-sister quitclaim the deed of his house to both me and her. In mar of '07 My step-sister voluntarily gave up guardianship of our dad and quitclaim the her half of the house back to step-dad. He didn't want her getting the house cause she would only try to sell it. I didn't sign quitclaim so my step-dad could stay in his home. in nov. of '11 my step-dad passed away. My step-sister has a will from before him and my mom were married. saying she inherits everything in his estate being his only living heir. his name is still on the title and my name is on the quitclaim deed from 'o6, after '06 my step-dad started racking up expenses for medical and attorney fees. the attorneys are currently taking my step-sister to court to get these fees paid and to deny her inheritance until his debts/ liens are paid in full. yet no one has called me about the house whatsoever and I'm not sure why. I thought the house would come to me since I originally signed the quitclaim deed with my step-sister as joint tenants. who actually owns my our dad's house?


Asked on 8/15/13, 1:44 am

1 Answer from Attorneys
Stephen Messutta

The best thing to do is to order a title insurance company commitment or property report. That will say who has legal title. However, if it turns out step-dad was in title and public funds were used to assist him medically, there may be issues there too. A title commitment is something any attorney would order in a situation like this, especially if probate is needed.

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Answered on 8/22/13, 10:57 am


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