Legal Question in Real Estate Law in Illinois
In Illinois, husband and wife purchased a home and owned it free and clear. Before completing the divorce, husband passed away. No will was executed. Wife assumes the house is hers and the 2 children have no rights to it. Is this correct or is this a probate situation where the heirs also have a right to the home or proceeds from the sale?
3 Answers from Attorneys
It depends on how they held title to the property. If they were joint tenants or tenants by the entirety, the wife is probably correct. Interested parties could consult with a real estate attorney to review the relevant documents and provide specific advice.
Filing a divorce petition automatically causes joint tenancies to convert to tenants-in-common. If the divorce is now dismissed this MAY cause title to revert. If NOT, then each passes separately. You will need a divorce lawyer to review the situation.
I concur with Attorney Moens since the husband died before the divorce was finalized.
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