Legal Question in Real Estate Law in Illinois

Verbal Agreement Regarding Property Rights

My elderly mother signed over her home to my 3 sisters about 14 years ago. Two of my sisters were ''bought out'' by the remaining sister for 15k each. My mother continued to reside there until she went on a trip to Ireland (to see family), returned and the sister with ownership refused to let her return.

Subsequently, she moved in with a different sister and lived with her. Currently, she moves between all 4 of her children. She is elderly, somewhat infirmed but of sound mind. She has not been allowed to go through her personal items, obtain photographs, received any monies from the home. It was her intent that she would reside in the home for the rest of her life at the time she signed it over. Is there any recourse? What she/we would like is for the sister with ownership to give my Mom the same 15k she bought out the other siblings with and allow my Mom access to her home to go through her belongings.

Thank you


Asked on 7/13/04, 5:56 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Verbal Agreement Regarding Property Rights

I would need to review the documents to give you any specific answers, but I will make some assumptions based on your question. I would guess all this was done without the assistance of an attorney. Unfortunately, when she "signed over" the property to your sisters, I would assume she conveyed all of her interest in the property to them. Again, without reviewing this document, I can't say for sure. And unless she reserved a life estate for herself, she doesn't even have the right to live there. Once she signs and delivers that deed, the property belongs to your sisters. If your mother did not add any restrictions in the deed (e.g., the right to live there), your sisters can then do with it as they see fit, which includes selling it, moving in, etc. Honestly, you should contact a real estate attorney in your area to review the documents, just to make sure things are as I assume from your question. Deeds can be dangerous instruments in untrained hands. I'll bet your sister doesn't get an invitation to your mother's birthday party though....

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Answered on 7/14/04, 8:58 am


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