Legal Question in Wills and Trusts in Illinois

Creditors have first position (mortgagee bank), then any equity is split 50% to a surviving spouse if any with remaining 50% split among the decedent's children. If a child died and had children, the share the child would have received, if alive, is split among that's child's surviving children.

If the decedent was single on the date of his death, all is split among the children.

I am sorry for your loss. Presuming that the property was solely in your father's name, having no will Illinois law provides one-half to the spouse, if any, and one-half to the children. If there is not a spouse, then all to the surviving children. If any child predeceased your father, then that child's share would pass to his or her children, if any. Usually, the best course, assuming it is worthwhile, is to sell the property, but all estate implications should be considered before making a decision. Consult with a well-recommended probate attorney in the county where your father lived.