Legal Question in Wills and Trusts in Illinois
can my deceasedmfathers wife sell the house without my consent, if my name is on
when my father bought a house,he put the house in trust in my name and my brothers name, at the time he had been seperated from his wife for years,so afew years before he died, he took out a mortgage,she stepped in, made arrangements to pay off the mortgage, thereby selling the house, without my consent, is this legal? and if i wanted to see the a copy of the trust what should i do.
1 Answer from Attorneys
Re: can my deceasedmfathers wife sell the house without my consent, if my name i
Dear friend-
Greetings. If your father's wife forged your
dad's signature on the deed of conveyance when
the property was sold, that was illegal. My
question to you is did your father purchase
the house before or after marrying his wife?
If the house was purchased during the marriage
to his wife, the trust could not defeat his
wife's interest in the house as marital property. There is a five step approach to
straighten this matter out. I would be happy
to answer any additional questions that you have.