Legal Question in Real Estate Law in Illinois
joint tentant survivorship
The person that I had joint tentant survivorship with has been ill and his children are taking over legal guardianship what do I need to do to protect my interest in the home where I live and maintain and have done so for the past four months?
1 Answer from Attorneys
Re: joint tentant survivorship
You don't need to do anything. If you hold the property in joint tenancy with right of survivorship, the property becomes yours when the person passses.
His children cannpot sell the property without your consent, nor can they even modify the property any more than he could before the guardianship was established. Guardians have no more rights that the person they are guardian for.
If they try to sell the property, for example, the title will be clouded without your signature.
You will need to present a death certificate and have anew deed issued, however.
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