Legal Question in Real Estate Law in Illinois

My mother passed 11 years ago. She owned a small piece of property. There are six siblings living and the deed/title of that lot has never been brought up to date. Three of us have shared the expense of the yearly taxes and live far from where the lot is in Illinois, and we don't want to pay the taxes without help anymore. No one can agree on a price to sell it. Can those of us who don't want ownership relinquish rights to another sibling?


Asked on 10/28/11, 4:55 pm

1 Answer from Attorneys
Stephen Messutta

Impossible to tell without knowing how you sibs came into title? All real estate has to be probated unless it passes through inheritable estate or under a trust (or similar probate avoidance mechanism). If it went through probate, however, and came out of probate in the sibs' names, then any of you can quitclaim your rights to the others, but with 6 the deed need to be drawn up carefully and there are potential tax ramifications. Plus, what is the goal? Just get out of expenses until it is sold? There are better ways to do this than simply "giving up", and one way is a lawsuit for partition that could lead to a forced sale. Those of you who want to get out of the situation should see an attorney for your options.

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Answered on 10/29/11, 7:56 am


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