Legal Question in Wills and Trusts in Illinois
my friends grandfather recently passed away leaving no will. his grandson has lived in the house with him for the past 20 years. how would he go about taking over the mortgage on the house?
4 Answers from Attorneys
He can't do this unless he owns the house and the bank consents. Without a will, the ownership of the property is determined under the laws of intestacy: assuming there is no spouse on the date of death, the property would go in equal shares to grandpa's children with children of a deceased child taking their parent's share. Someone needs to talk to a lawyer.
Your friend needs to take a much closer look at his situation before he can consider any plan to try to take the house.
Did the grandfather have a Will? Who are the grandfather's descendents? What are their thoughts regarding the house? Was your friend on the title to the house? Did your friend take care of his grandfather prior to the grandfather's death? Did your friend pay for any portion of the house? What is the balance of the loan? What other assets and debts did the grandfather possess?
These are just a few of the questions that must be addressed, and they should probably be discussed with a lawyer who is knowledgeable regarding Estates.
I agree with Attorney Raminiak. There is far too much to consider within the scope of a space like this.
I agree with all of the above.
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