Legal Question in Wills and Trusts in Illinois

Did your mom have a will? Did your mom put you or your sister on title? If there's a will someone will be the executor to deal with mom's wishes, not yours, even if it may include selling the house, and will require a probate estate. If there is no will you or your sister, or several different third parties, could open the required probate estate as an administrator, but if you are both heirs to mom's estate, you may be in for a fight if your sister doesn't want to sell. If your mom put you, her or both of you on title, it's possible you two inherit directly without a probate estate being required (other documents are, however), and you'd need to file a lawsuit for partition and sale. These are basic facts.

There is no easy answer to this question. I recommend that you speak with an attorney about the specific circumstances and what you can do. Feel free to call me for a free consultation.