Legal Question in Wills and Trusts in Illinois
My grandmother died 4 years ago and my father never executed her will (not filed, didn't go through probate). My father took physical possession of her home, but left it in her name and continued paying taxes in her name. My father (only child) has now died.
Do we have to execute my grandmother's will so that the deed on the house is changed? Since she willed it to my father and he is now dead, would it go to his 2nd wife, or would it go to myself and my siblings since we would be the next closest relatives to my grandmother after my father?
1 Answer from Attorneys
Regardless whether an estate is to be opened, your grandmother's will should be filed with the Circuit Court Clerk for the county in which she resided. An attorney may be able to help you get this done, in cooperation with a title insurer, without going through probate, but some analysis is required to determine whether that is the best course. Set a consultation to get legal advice based on a full review of the circumstances.
If your father did not have a will, then his estate, which includes the rights in your grandmother's estate, would go one-half to his spouse and one-half to his children (including descendants of any deceased child), with some other considerations that may be a factor.
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