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.


Asked on 4/03/06, 3:34 pm

2 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

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.

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Answered on 4/04/06, 3:05 am
Charles Dobra Charles Wm. Dobra, Ltd.

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.

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Answered on 4/04/06, 11:54 am


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