Legal Question in Wills and Trusts in Illinois
I'm a third owner of my mother's house making her, myself, and my sister the legal owners of her property. My sister has obligated my mother to thousands of dollars in "improvements" debt (to her) in which I was never involved or even informed of. The debts will most likely not be paid by my mother because she is on a fixed income and are excessive beyond her means. The improvements in my opinion were not the best priority for my mother but some improvements (not all) do improve the value of the home. My mother is in poor health. Should my mother pass away, does my sister have a legal position to collect on these loans to my mother? As part owner of the home, I feel I should have been involved with the decisions so I'm not sure if my mother's debt to my sister can be collected from the proceeds of her home should she pass away. I'm not aware of any formal agreements between them - my sister only keeps a ledger in a personal journal. Thanks for any advice!
1 Answer from Attorneys
So your sister loaned money to your mother in order to make improvements to the house? Something seems to be missing in your explanation. Did your mother agree to these improvements? Was there a promissory note signed?
Regardless, in order better answer your question can you indicate whether the title is in joint tenancy or tenancy in common? It makes a big difference to whomever will be providing you an answer.
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