Legal Question in Wills and Trusts in Illinois
1.My sister was named executor of my parents estate. She put their house up for sale without my knowledge. I possess the physical title to the property. The title is in my parent's name only. It is my thought, that since I physically hold the title, she can't do anything because she doesn't have the title. The house is in IL.
2.Do I have to give her the title?
2 Answers from Attorneys
In Illinois real estate, there is not any such thing as a "physical title." Real estate ownership is not handled the same as, for example, vehicles. Real estate title is determined by the series of documents recorded with the county. Those documents are examined (a title search) when a transaction is planned. In this case, the records should reveal that your parents own the property, but with documentation of their passing and your sister's appointment as executor, she will be able to handle the sale. This is what your parents entrusted her with in naming her to act. If you feel there is a concern, then you should retain an attorney to review the estate situation and determine whether something should be done to assure that things are handled correctly.
Your parents named your sister executor of their estate(s) most likely thinking she would be able to perform the duties of an executor. Her duties as executor include collecting whatever assets there are in the estate and making sure that your parents' creditors and beneficiaries receive what they are entitled to under the law. If there is any doubt in your mind, you should read the wills and seek the advice of an attorney if you believe your legal interests are impaired.