Legal Question in Wills and Trusts in Illinois
name change on deed of home
my mother owned her home she died only her name was on deed she gave the home to her son but did not have a will she had a spouse he is living in the home but abusing it ilegaly can we get the deed put in her sons name if so how do we do it sincerely Tammy
2 Answers from Attorneys
Re: name change on deed of home
Your facts are confusing. The only way your mother can give you the house is to execute a deed or her will leaves you the house. It appears neither of those facts are true. Thus you do not own the house. Then there is the whole other question of your mother trying to disinherit her spouse which in Illinois she can not do. You need a lawyer to untangle this mess.
Re: name change on deed of home
I agree with the other attorney who replied to your message. If your mother died without a will and with her name solely on the house, then all of her assets would be subject to the intestacy laws in Illinois. Under the intestacy laws the survivig spouse would receive half of the entire estate and any surviving descendants of the mother would receive half of the entire estate distributed among them (see 755 ILCS 5/2-1).
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