Legal Question in Real Estate Law in Illinois
My husband is the guardian of a property not far from our home. The owner of the property pasted last year but no one has claimed the property or tried to contact us. What should we do?
2 Answers from Attorneys
I am going to assume that your husband is court-appointed guardian of the person and or estate. If so, a Final Report should have been completed and the guardianship closed. Notice to the known heirs or publication may have been advised at that time.
If court-appointed guardianship is not the case, I am not sure what you mean by guardian. Was he simply a caretaker for the property?
Is there a mortgage that presents a concern? Are property taxes an issue? Note, the taxes may go up with the loss of senior exemptions or freezes if there were any. Is there equity or is there not any reason for anyone to pursue the property?
Was there a will? Any way to contact family?
If your husband is concerned that the estate will lose something of value and he is willing, he can probably initiate probate. Someone with greater rights may step in once notice is given, but even that gets the ball rolling.
I agree with Mr. Repay. I am not sure what you mean by the term "guardian". Anyhow, if he is the guardian, he must seek help. If he was court-appointed he can seek the court's advise by going back to court. If he is some other kind of "guardian" he will have to clarify what he means.