Legal Question in Real Estate Law in Illinois

1. Giving you "all the title documents" doesn't mean she gave you a deed in your favor. Did she? If she did then you may be able to record it in Puerto Rico and be considered the owner. If she did NOT, then she owned it at the time of her death and probate may be required.

2. Illinois would normally be the place where her estate should be opened if she passed away as a resident here. In Illinois your "step dad" would NOT be an heir because as you acknowledge, Illinois does not recognize common law marriages, and therefore should not be entitled to any portion of the estate. Once an administrator is appointed here and various orders of entitlement are entered here, then the administrator MAY have to open "ancillary administration" (a second probate) in Puerto Rico if real estate there also must be probated.

2. As far as I know, and this needs to be verified by an attorney who practices law there, Puerto Rico also does not recognize "common law marriage", so eventually the property should pass to your mom's legal heirs under Illinois and/or Puerto Rico law.

3. Your aunt: first ownership must be confirmed in the name(s) of whoever are your mom's legal heirs. Once that occurs the administrator would be under an obligation to give a deed to the house to the legal heirs. What the heirs do with the house afterwards would be up to them. Making a gift of the house to your aunt (your mom's sister?) could result in gift tax consequences to the heirs and if no money is exchanged the heirs may not have the money to pay the taxes.