Legal Question in Wills and Trusts in Illinois
A friend's father died about 2 years ago. my friend just found the will leaving everything to him.
he is living in the house he and his father lived in together, but his name is not on the deed to the house.
what should he do get the house in his name?
does he have to do anything with the will?
thank you.
3 Answers from Attorneys
The Will must be filed with the county court and a probate estate will likely have to be opened (depending on the value of the house and his other assets).
If the house is the only asset, it may not be necessary to open a probate estate to transfer it to your friend's name.
Your friend should make an appointment with a probate lawyer to review his rights to his father's assets. He will need a lawyer to get the house transferred.
In addition to the information provided above, please note that whether or not you need to open probate to transfer the house depends on how the house is currently titled. If the house was a joint asset (owned by your friend and his father jointly), alternatives may be available.
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