Legal Question in Real Estate Law in Illinois
two sisters have property there mother left,it is in the mother's name and they want to sell.
2 Answers from Attorneys
There are two options. Often, the sale can be handled through the title company insuring over the title passing outside probate. The facts would need to be examined in more detail to determine if this is a possibility. Otherwise, you would need someone with authority to act for the estate through a probate proceeding.
What do you mean "mother left"? Do you mean mom is dead? Or she's just disappeared? If she is dead, then I agree with Mr. Repay. Otherwise, you would need a power of attorney. You can't sell property just because somebody disappears for a while -- it has to be more like 7 years and then you need a declaration of presumed death in order to proceed.