Legal Question in Wills and Trusts in Illinois

inheritance rights

I have been living with a man for the last 13 years. We purchased a home together (joint) 9 years ago. We have not done our wills yet (stupid). His closest living relative is a sister in Texas, who he has no contact with. My question is, If something happened to my partner, I could not afford to stay in the home, but if I sold it, would his sister have rights to half of the equity and everything else we, (he)owns?


Asked on 2/15/08, 12:16 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: inheritance rights

If you are not married, 1/2 of the home will become his sister's property. You need to get wills for the both of you. While our firm does estate planning, and I am biased, your situation is a perfect example of how people who do not plan ahead get in trouble.

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Answered on 2/15/08, 12:24 pm
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: inheritance rights

There are two types of joint home ownership and they have very different implications. If the home is titled joint tenancy with right of survivorship then the entire property passes to the surviving joint tenant. However, if it is held as joint tenants in common, then a deceased person's half would pass through their estate, and if there is no Will, then it passes to the deceased person's legal heirs. Any other property this man owns in his own name would also pass through his estate in this way. If he wants you to inherit his property, he needs to do a Will and/or living trust.

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Answered on 2/15/08, 1:21 pm


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