Legal Question in Real Estate Law in Illinois

Re: Tranfer of Property

The short answer,without knowing more, is, your brother-in-law cannot get the property at all. Your father needs a will. Or better yet, a living trust. With a living trust the property will pass without going into probate. Please call for a free consultation.

Re: Tranfer of Property

I would be concerned about your sister and brother-in-law asserting a legal fiction known as a "constructive trust" to lay claim to the property. What stops the tenants from later claiming the rent payments weren't rent payments at all, but they were paying the mortgage on the property? There is not enough information here to properly advise you. But, be aware that it MAY BE POSSIBLE for the tenants to lay claim to the residence. Everyone needs a will, including your father and they can be very inexpensively done. Talk to you father about preparing his will.

Re: Tranfer of Property

Despite the fact that I believe that everyone should have a will, the answer to your question, BASED ON WHAT YOU HAVE TOLD ME, appears to be that your sister and brother in law have a month to month tenancy only. That alone does not give them more rights to the real property than any other heir. Should you wish to explore getting a will for Dad, give me a jingle.