Legal Question in Real Estate Law in Illinois

My mother and I are on our home mortgage. We have always been current with our payments. My mother has the house in trust naming my 2 sisters as benificaries in the event of her death. What are my rights as the co-mortgage holder in the event of her death? I have never signed the trust, nor do I agree with it. Who would have greater rights in the event of her death? Me or my sisters?


Asked on 2/25/11, 8:03 pm

3 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You have no rights if you are not a beneficary. Being a co-mortgage holder merely means that you are responsible for the mortgage. Based on your submission, you have no ownership rights.

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Answered on 2/26/11, 5:16 pm
Charles Dobra Charles Wm. Dobra, Ltd.

I agree with Burton. You have a duty to pay, but are excluded from ownership. Not good.

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Answered on 2/27/11, 10:52 am
Thomas Moens Moens Law Offices, Chartered

If the property is title solely in the trust, you have no ownership rights whatsoever.

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Answered on 2/28/11, 7:35 am


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