Legal Question in Real Estate Law in Illinois

I am a native of Kerala. I have 2 brothers and a sister. My father passed away in 2005. He did not leave a will but wanted to and informed my mother of what his intention was and even signed a few blank papers. BUt my mother thinking she could write it later did not get his intention in a legal paper. He wanted the house to go to his youngest son , but the other siblings are disputing thsi. How could this be resolved. The daughter was married away with dowry in the early 1980s. Your response is greatly appreciated


Asked on 5/31/11, 8:29 am

1 Answer from Attorneys
Stephen Messutta

Where is the property -- Illinois, or a foreign country? If Illinois and your dad did not leave a will and the house was just in his name, title passed to your mom, you and your siblings under Illinois rules of intestacy (no will). If it was in his and your mom's name, it most likely passes to your mom. There are other possibilities, and then again if the property is not in Illinois the laws of the jurisdiction where the property is will control. So you need to see an attorney to sort through this, and if the property is not in Illinois, you need to see a lawyer familiar with the property and inheritance laws of the place where it is located.

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Answered on 5/31/11, 8:15 pm


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