Legal Question in Real Estate Law in Illinois
My mom died, i was her power of attorney until she passed, i paid her house taxes and help with her bill, i would like to know how do i get her house put in my name, so that i can live in it......the only deed that i have found, i got from the courthouse......i need to know where do i go from here
3 Answers from Attorneys
You need to go through probate in order to have the deed transferred to your name, even if your mother did not have a will. If your mother did not have a will, her possession will be distributed according to Illinois's intestacy laws.
Was there a will? If so, the property will go to whoever is named in the will to receive the property. If there was not, the property will go to her heirs as listed in the Illinois probate code. If she had a spouse, the spouse would get a share. If she did not, the property would go in equal shares to all of her children. You should contact an attorney to assist you in this.
The power of attorney ended when she passed unless there were very special circumstances, which are rare. It's either a will or no will.......as stated above. Even if mom owned nothing more than the property, left no will with you as the sole heir or left a will with you as sole beneficiary, it is still worth while having an attorney help with the process.