Legal Question in Wills and Trusts in Illinois

My mother died several years ago after being in a nursing home in the state of Illinois. The nursing home placed a lien on the property which is more than the value of the home. We did not probate her will because that was her only asset. The house was to go to myself and my sister. My sister passed away In March of 2017. I am allowing someone to live in the home and pay the taxes. Is their some legal action I should take or is it to late. I would like to put the home in a relatives name so they could get credit for real estate taxes and homeowners insurance. We were told if we sold the home the lien must be paid but that was all the information I was given. Thank you


Asked on 5/30/18, 10:21 am

1 Answer from Attorneys
Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

You do you have options available to resolve the issues you describe. The property can be transferred to another person but they will take it with the lien intact (though they won't have personal liability, per se, the lienholder can foreclose on the property). I recommend that you meet with an estate administration attorney that also practices real estate.

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Answered on 5/30/18, 10:26 am


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