Legal Question in Real Estate Law in Illinois

This should be reviewed carefully. I will assume for this response that everyone is in Illinois.

First, an attorney should confirm the property was in the trust and that there is a proper chain of title getting there. If so, the terms of your mother's trust should be confirmed. Assuming, however, that does not change anything, an attorney should consider whether there is any basis to challenge the terms of the trust. Likely, that will be a long shot, but should not be disregarded. Finally, your brother's estate should be considered. Without a will, his estate would pass one-half to his wife and one-half to his children. So, if he had children, at least their interest should be protected. If he did not have children, then his estate does pass to his wife.

In my opinion, there is enough at stake for you to pay for a title search and initial consideration of the circumstances by an attorney.

If the property was in trust, my first question is who is/was the trustee? That is the person who is the "legal" owner and who is supposed to decide who's next in line to live in the house, based on the trust agreement. So I would try to locate him or her and ask to see the trust if possible (as a private agreement it may be confidential however and it may take legal action to get a look at it). But you may be right: the trust may have failed and the ownership passed to your brother's surviving spouse under intestacy laws or his own will. You will need an attorney's help with this, and I agree with Mr. Repay that the first step usually is a title report which may be helpful in showing the chain of ownership.