Legal Question in Wills and Trusts in Illinois

If there was no will, then your mother's estate would pass pursuant to the laws of intestacy. That means that half of the estate would go her spouse, and half to her children.

On the date your mother died, the ownership of the house "vested" in your stepfather and you and your siblings (50% is owned by your stepfather, and the other 50% is split between you and your siblings). You are all responsible for the expenses of the house, and you need to decide who will pay the expenses, how much people will contribute toward these expenses, etc.

In order to sell the house, the title company will require all of you will have to sign documents to transfer the ownership. Otherwise, the new owner will not have "clean" title.

You might want to talk to the lawyer again to determine your rights and obligations.

Good luck to you.

Please note: this response was based solely on the information contained in your posting and should not be considered legal advice.

I totally agree with the foregoing response. In my opinion, how the deed to the house reads is probably of little practical significance. Upon your mother's death, by operation of law, the ownership of the house passes to your mother's estate. Then, identifying who are the beneficiaries of her estate entitled to ownership of the house (any any other assets in her name or payable to her estate) is a function of the laws of Illinois if there is no will. Under Illinois law, the surviving spouse is entitled to half and offspring the other half. However, in your situation, getting all your names on a new deed will not solve the problem of how to manage the property: should the property be sold and the proceeds divided, does stepdad want to live in the house, should he pay rent if he does, should he buy out you and your siblings' interests? If there is an attorney for the estate in a formal probate proceeding, you should share these concerns with your stepdad and the attorney for the estate. This is a troubling time for all of you who have suffered the loss of your mother, so you need to approach this question with some understanding that unreolved grief makes it hard for all of you to deal with the property issue. However, there needs to be an understanding of how bills for taxes, insurance, etc. will be handled in the future until such time as the property itself is sold or transferrred,