Legal Question in Real Estate Law in Illinois
Survivor /Ownership
Husband, Wife and daughter are on the mortgage. Husband and wife are now deceased. Does the property legally and clearly belong to the daughter. There are four children. I believe the deed is in joint tenacy but not absolutely sure. Does joint tenacy only pertain to husband and wife? Does the other children have any legal recourse in this matter? What if it is in tenants in common? What happens then?
Please advise.
Thank your.
Need legal advise.
2 Answers from Attorneys
Re: Survivor /Ownership
The fact that daughter is on the mortgage means
that she is legally responsible for payment of
the mortgage, however title is another issue.
The best way to find out the rights of all the
children is to have a title report done on the
property. There are a number of title companies
in downtown Chicago who offer this service. I
will be happy to answer any additional questions
you might have.
Re: Survivor /Ownership
Hello. Your problem does not relate to who is legally obligated to pay for the property. Rather, the issue is how the sellers conveyed to father, mother, and daughter at the time of the sale. This is the starting point. It would appear to me that once this is determined, you could take the next step, whatever that might be. Should you wish to discuss this, please email or call.