Legal Question in Wills and Trusts in Illinois

I'm sorry for your loss. The answer to your question depends on a number of things. How was the house title held (joint tenancy with rights of survivorship, tenancy in common). What did the divorce settlement say about the possession of the house. Is there a mortgage? You need to have an attorney look into these things before you have an answer. Good luck to you.

Depending on where the property is located, it may be possible to access a copy of the deed through internet research. This, along with a copy of the marital settlement agreement (available through the county court system if you don't have a copy) will give you the basis for making a determination as to who has rights to the property on the death of your father.