Legal Question in Wills and Trusts in Illinois

I think you will benefit from speaking with an attorney in your locality. If your mother did not leave a will, the assets she left at her death belong to her heirs according to Illinois law. More likely than not, there will need to be a probate case completed to allow the title to the property to be deeded to the appropriate heir(s). This ought to be a fairly simple procedure if you have the assistance of an attorney.

An attorney should be able to walk you through options, but it is probably a bit much to cover here. You state she did not leave it in a will. Did she have a will? If so, it probably covers it without specifically naming it. Did she have a trust? If there is not a will or other estate planning document, then it belongs to her heirs at law, which, assuming no spouse and an Illinois estate, would be her children and the descendents of any deceased child.

Usually, the conveyance of the property would require that a probate estate be opened, but that can sometimes be worked around with all the heirs participating to accomplish the change in title and satisfactory evidence being given to a title company.

A major concern about which you need to be cautious, however, is the unpaid items, most specifically the taxes. If the taxes are not paid, the county sells them, meaning another party pays the taxes and may be able to get the property by tax deed if a redemption does not occur within a deadline period. Check with the County Clerk immediately concerning the status of the taxes for this parcel and the redemption deadline. Other bills could create a lien on the property (such as the water bill or if the municipality comes in and cares for the property).