Legal Question in Wills and Trusts in Illinois

lost will

We own a home in chicago and my husband recently passed away. I have a copy of a will but cannot find the original. The house is titled in both names as joint tenants. Do I inherit the house as a surviving spouse. Also, can I sell the house if I wish to. Thank you. Pat


Asked on 4/25/04, 6:12 pm

1 Answer from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: lost will

If the house is in joint tenancy with you as the surviving joint tenant, the will is irrelevent. The house is yours and you may do with it as you choose, including selling it. You will have to give the title insurance company a certified copy of the death certificate and and a deceased joint tenancy affidavit but that shoud do it.

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Answered on 4/25/04, 6:24 pm


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