Legal Question in Real Estate Law in Illinois

Mother passed away in 1986. Dad died in 2007 with no will. The property was never probated and now it is up for sale for delinquent taxes. According to the county tax office if my brother and I pay the tax we will be paying on dad's behalf. How do we get our dad's name off the deed and have the property transferred to us. There are 2 other siblings involved but want nothing to do with the property. My brother and I have been taking care of the property since dad passed, actually prior to since dad was on SS, fixed income, we paid insurance and any upkeep. The house is in pretty bad disrepair so it isn't of much value. We don't have money to pay an attorney but just hate to see the old home place go to someone else. We welcome any suggestions. Thank you


Asked on 2/15/10, 4:50 pm

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

Unfortunately you will have to go through probate. Without a judge's order the deed cannot be transferred to you and your brother. Value of the house has nothing to do with whether or not probate needs to happen, the law says that if you have real property you must go through probate.

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Answered on 2/20/10, 5:25 pm


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