Legal Question in Wills and Trusts in Illinois

This involves a two-part analysis. First, you will need to confirm how title has been held over the years. The deeds will dictate what interests have to be addressed. Then, assuming the property does fall solely in your father's estate, the estate (after accounting for various expenses including creditor claims, if any) would pass equally to his children. Again, that is assuming that title was solely in his name based on a review of the deed history.

I agree with attorney Repay.

If the title is in Dad's name only, then to his children in equal shares, with the share of any deceased child passing to that child's offspring. .

Depending on what the siblings want to do with the house (sell it to an unrelated party, sell it to one or more siblings, keep it in the family and rent it) will dictate whether you need to file a probate case in the county in which the property is located or the county in which you father lived.