Legal Question in Wills and Trusts in Illinois
My mother is dying and no has no will or anything. Since my name is not on the deed will I lose her house? She can't sign anything but can I do anything to keep her house?
2 Answers from Attorneys
If she is mentally competent an attorney can prepare a will that can be executed by another at your mother's oral direction. Depending on your sibling situation and other factors you may get the house anyway. For a free consultation: www.legacylaws.com.
It won't be lost. Any assets in her name alone will be part of her (probate) estate. After satisfying any debts that she may have had and expenses of administration, her estate will pass to her heirs at law. As a child, you are a legal heir. If your mother had a surviving spouse or other children (and descendants of a deceased child), they are also heirs.
Probate requires some affirmative steps to be taken after death. You should contact a probate attorney to determine the specific steps and how to proceed. I have more information on probate at my firm's website at www.illinoisestateplan.com.