Legal Question in Wills and Trusts in Illinois
House still in deceased fathers name, 2nd wife just passed
My father passed away in 1981 when I was 16. He was re-married. His second wife passed away last week.She lived in the house my father bought. Her daughter called me to say they couldn't legally sell the house because her mothers name was never put as co-owner. So they are telling me that I am entitled to 50% of what the house was worth in 1981. Is this factual? I didn't recieve anything after my father passed, but I do know that he did have insurance policies, possibly paying off the property at his death. I would just like to know what is protocal for a situation like this? I live in California and I know the laws are different. I am an only child. His 2nd wife has 3 adult children. Any advice will be helpful, thank you.
3 Answers from Attorneys
Re: House still in deceased fathers name, 2nd wife just passed
If your father died without a will, his estate would have passed according to the laws of intestacy of the state of Illinois. This means that any property that was in his name on the date of his death would pass 50% to his spouse, and 50% to his children.
You would have been entitled to half of the interest in the house when your father died. Now, in order to sell the house, you have to sign off on your half of the interest.
If your father's wife died without a will, you would now be entitled to 50% of the house, and her children would be entitled each to 1/3 of the remaining 50% of the house.
The protocol would be to find out if there is a probate estate that will be opened for your father's wife. If so, the attorney for the estate (working with the executor of the estate) will be sure that the distributions are made in accordance with Illinois law.
If there was no will, you will probably want to obtain legal representation in Illinois to advise you and to protect your interests.
This answer is based on the limited about of facts you presented in your posting. There may be additional facts that when presented, would change my answer or opinion on this matter.
You should consult with an Illinois attorney to present him/her all of the facts as you know them, and have him/her review whatever documents you have. Only then will you have a complete and accurate answer to your question.
Good luck to you.
Re: House still in deceased fathers name, 2nd wife just passed
Without discussing this in detail you are entitled to a portion of the home. Also, you may be an heir to the insurance policies and other assets. I suggest that you give me a call to discuss (the consultation is free) at 630-253-2900. There are a lot of variables but you should not let the matter sit for too long. The probate process in Illinois can be confusing and if you miss a notice period your claim could be seriously affected.
Re: House still in deceased fathers name, 2nd wife just passed
As I am not versed in IL law, only CA and NY, I can only offer the additional notion of the following: If IL is NOT a community property state, then it may also be possible that the home was taken in his name alone and therefore, presumed to be his exclusively. Under this theory, you own it all.
Now don't jump up and down yet, as I said, I do NOT know IL laws...you need to talk to an attorney there for that...also, there is still a possibility of equitable relief for some portioning of the property.
Best suggestion: call an IL attorney, maybe 2 and see how they describe their laws and theories of law.
Good luck!
Scott Linden
www.No-Probate.com
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