Legal Question in Wills and Trusts in Illinois
Does my mother need a will to give me the house
I live with and support my mother. The townhouse we live in is paid for. Many years ago my father divorced her and left her the house but the deed is still in my fathers first initial and last name plus ''or current owner'' which is presumed to be my mother. My mother does not have a will and it is presumed that I would keep the house should she die. Is this correct or does she need a will and if so how much would that cost? Thanks.
1 Answer from Attorneys
Re: Does my mother need a will to give me the house
Is that the deed or the tax bill that says "father or current owner? The first step is to determine exactly how current title is held. If it's joint tenancy with mother and father, then it's fine. But, if it's in father's sole name, then title needs to filter through his estate to show the current owner. If and when it is in your mother's sole name, then her will would control how it passes upon her death. If *may* go to you by statet intestacy law if she doesn't have a will, but it is always better to have a will than to not have one.
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