Legal Question in Real Estate Law in Illinois

Someone would have to examine the first deed and probably the divorce decree because the two may go together. As to your dad's second wife, he has a couple of choices as long as title is confirmed in only his name by your mom's deed or a second deed if needed: (1) he can convey title to himself and his second wife as joint tenants or as tenants by the entirety; this will avoid probate; or (2) make a will giving the house to his second wife but this will require probate. If he does neither then his second wife will inherit but you and your sibs, if any, will also inherit it under the laws of descent in Illinois.

I hesitate to second guess an attorney that has looked at the information. Generally, the quit claim deed would have been sufficient for your mother to convey her interest to your father. So, unless the attorney simply lacks understanding, which is possible, but not the most likely, the attorney must be seeing something in the way the deed was drafted or signed that casts some doubt. Since there is already an attorney involved, your best course may be to get a better explanation from the attorney about his or her interpretation. If there is a problem with the deed, then it is important that it be addressed as things will only get more complicated.

An attorney has already reviewed the situation and provided an opinion. Perhaps, you might want to contact a title company and see what they say.