Legal Question in Wills and Trusts in Illinois

Based on the information provided in your question, my key conclusions are:

1. The assistance provided to your mother were gifts rather than loans; 2. Your mother did not recognize such gifts as loans in any Last Will or in any writings which could be used to confirm a claim; 3. Therefore, after any expenses such as funeral and health care, as well as other debts of hers are paid from her estate (property), any net proceeds from sale of the house or other property can be shared equally by the five children. Any claim against an estate must be validated.

In Illinois, transfers among family members are presumed to be gifts (although the presumption could be defeated by offering contrary evidence). Since your mother owned a house at her death, you should be working with an attorney on her Estate. That attorney can write a letter to your family members explaining the presumption.

If you'd like to discuss this further, or if I can be of further help, feel free to call me.