Legal Question in Real Estate Law in Illinois
home ownership after death
When my husband and I married 2 years ago, I moved into his house. He never changed the title. Should he die, what would happen to the home? He has 2 adult children.
Asked on 7/06/08, 4:32 pm
2 Answers from Attorneys
Zedrick Braden III
Ainsworth & Associates PC
Re: home ownership after death
Hello. The home is non-marital property and for this reason you have no marital property interest. Therefore, should your husband die, his children would be entitled to the home, free and clear of any claims by you. On the other hand, if he adds your name to the title, or names you as a contingent beneficiary on a land trust, then you would own the home should he predecease you.
Answered on 7/06/08, 9:37 pm
Joseph Michelotti
Michelotti & Associates, Ltd.
Re: home ownership after death
If no will, to be be split with the adult children
Otherwise, pursuant to the terms of the will or trust
Answered on 7/06/08, 10:40 pm
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