Legal Question in Real Estate Law in Illinois

I am one of three joint tenants on a partiular property, if one enant dies, without heirs or a will, do the remaining tenants become the sole owners?


Asked on 4/24/10, 9:25 am

4 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Yes. If you are joint tenants, whether or not the decedent had a will or heirs is irrelevant.

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Answered on 4/29/10, 9:49 am
John Lee John D. Lee and Associates, LLC

Yes, the remaining joint tenants become the sole owners. There were no lawsuits or judgments against the deceased joint tenant, right? Talk with an experienced real estate attorney to fully understand the facts and law.

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Answered on 4/29/10, 2:34 pm

So you need to make sure it is not "tenancy in common" which is in a sense a kind of "joint" tenancy. If it is tenancy in common then instead of the survivors inheriting, the heirs of the deceased owner will inherit his/her share!!

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Answered on 4/30/10, 10:05 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Stephen is right, you need to confirm what kind of jointtenancy it is. If with rights of survivorship its now owned by the two still living, if in common, that would not be the cass.

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Answered on 4/30/10, 7:31 pm


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