Legal Question in Real Estate Law in Illinois
keeping my home
My mother died in May of last year. She left her home to my brother and me. We both live there. He and his girlfriend have a child. They both live with us. Could she take our home from us if there is a falling out between the two them? The home is still in my mother's name. She indicated in her will that she did not want my brother's girlfriend in her home at all. Also, would there be a discrepancy if we change the name on the house to my brother's and I. Please help me. I do not want to lose my home.
2 Answers from Attorneys
Re: keeping my home
Hello. This is becoming a common problem. You
don't have to worry about your brother's girlfriend taking the house as long as he does
not deed her his interest. However, you need to
take certain steps to protect your interest. I
suggests that you put the house in trust and you
and your brother need to have a written agreement. Certainly, the property needs to be
in your name and that of your brother. Real estate is great to own and steps have to be taken
to protect it. I will be more than happy to answer any additional questions that you might
have.
Re: keeping my home
The will had to be filed within 30 days after your mother died. If you didn't do that you may be subject to criminal penalties. You cannot do anything with that house until it goes through probate. You better call me immediately.
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