Legal Question in Real Estate Law in Illinois
When two relatives own a home jointly, if one dies, does the other relative assume total ownership of the property? Do the children of either relative have any claim to the deceased relative's share in the property?
1 Answer from Attorneys
If the home was properly titled in joint tenancy, then survivorship is an element of the ownership. It does not pass through the estate of the first to pass, but becomes the property of the survivor. Absent considerations like fraud, improper drafting of the deed, undue influence, ..., the children do not have an ownership claim. Perhaps, however, the survivor should consider what is right and, if appropriate, prepare a will to include the other relative's children. Consider, what if the survivor had passed first? I recommend a legal consultation to work through the considerations.