Legal Question in Real Estate Law in Illinois
Quick Claim Deed
my mother gave me a quick claim deed to her home of 25% and my half brother has 75%. Can he sell the house without my knowledge. My mother is still alive and living in an assisted living facility. Do I or does he have a right to take the money since mother is still alive?
2 Answers from Attorneys
Re: Quick Claim Deed
Based on the information provided, he cannot sell the home without your permission.
Re: Quit Claim Deed
First, it is "quit" not "quick." Your half brother can sell his 75% interest in the property without your permission, but you still own a 25% interest, assuming you did not sign a deed. It is unlikely that someone would purchase a 75% interest in real estate, but it is certainly possible. The proceeds should be distributed according to your percentage interest in the real estate--25% to you, 75% to your brother.
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