Legal Question in Real Estate Law in Illinois
My parents purchased their home in 1973, the deed did "not" specify any type of ownership (joint tenants, tenants in com etc), and my mother died intestate recently.
In this situation, what is the presumed type of ownership? This question now arises because a creditor is attempting to partition my mother's interest based on tenants in common. My father still lives alone in the house.
3 Answers from Attorneys
I beleive that in Illinois, that its tenancy in common and the creditor is within its rights.
Tenants in common. Bet your mom and dad didn't have a lawyer at their closing. This was common years ago, and I have a case just like this in the office, but no creditors, thankfully. Has anyone filed a probate case yet? This should be on your list. Good Luck.
With no recitation, they are tenants in common. In your situation, this means that your father owns a one-half interest in the real estate. The other half would belong to your mother's estate, which, as you have found, means that creditors may have a claim. Too bad you cannot post names on Law Guru--I would like to know what kind of creditor would try to through a man out of his home of 36 years. Have your father contact an attorney. There may be more details which might not seem relevant to you, but might assist your father.
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