Legal Question in Wills and Trusts in Illinois

Parents passed away. House sold November, 2011. Cash Sale. NO Liens of any kind. All 9 children in agreement to split evenly. Is there a court date needed? What would be time frame from Point of Cash Sale - to all willing participents to receive funds.


Asked on 1/04/12, 6:57 am

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

You say "house sold November, 2011" so the question is, if this is a done deal, why would a court action be needed? It's the buyer who needs proof that the title they acquire is superior to any other possible claimant, usually covered through purchase of title insurance. If there is/was a probate case filed, the executor or administrator can convey the property according to the will if there was one, or according to the laws of intestacy if there was no will. If there was no will and no probate case, a title insurance company may be willing to insure title to the purchaser with an affidavit of heirship, consent of all heirs, and the purchase of special insurance. You are going to benefit from talking to an attorney to assist you in this transaction.

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Answered on 1/04/12, 7:14 am


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