Legal Question in Real Estate Law in Illinois

Our mother passed away recently, she left the house and property to all four of us in jtwros. Can we agree to split it ourselves with out a lawyer


Asked on 1/14/11, 5:49 am

3 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

You can, if you know what you are doing. That being said, I just had some clients who did something similar. When they recently sold the property, the title was such a mess, it ended up being much more costly and difficult than if they had hired an attorney to do things properly right out of the gate.

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Answered on 1/19/11, 7:28 am

Once it's yours, you can do with it what you like, within the parameters set down by the law and any enforceable limitations in the will (did it pass by will?) or deed (??) that gave it to you. For example, a will or deed can put some kind of "charge" on it (similar to a lien, for example if one of you is needy and the will says that one of you is to be granted occupancy free of any charge for some period of time, it may be enforceable by that person). So if you all know what you want to do with it, or otherwise, time to see an attorney who can help. Good luck!

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Answered on 1/24/11, 4:18 pm

I agree with the other counsel. I also suggest very strongly that you use an attorney or at least consult with one. He or she can explain the alternatives and it probably will not cost much to

make the changes that you and your siblings want done.

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Answered on 1/25/11, 2:55 am


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