Legal Question in Wills and Trusts in Illinois
Probate of Estate Intestate
My father recently died intestate(no will), has a mortgage on his house, paid roughly $69,000. He has three children who will receive his inheritance. We are planning on selling his house for roughly $107,000, because of all of the remodeling that has been done to it since his death. My brother and I have performed all the work and spent all the money on materials to get the house to the point of selling. I work on the house providing all the labor and my brother helps out when he can, my sister has done nothing to add value to the house to date.
Would I have to take my sister to probate court in order to change the percentage of money we would all receive from the sale of the house, or does Illinois look at it as being equally split no matter what? Would I be able to change the affidavit of heirs that will be used during the closing process? Thank you for your time!
1 Answer from Attorneys
Re: Probate of Estate Intestate
You didn't mention if the estate is being probated or what the total value of the estate is. In Illinois, if an estate is worth over $50,000, it usually has to be probated. I am also assuming that your mother has predeceased your father and that you and your siblings are the sole heirs.
A judge would likely decide that you and your brother are entitled to recover the costs that you contributed to the improvement of the property prior to its sale (building supplies and any outside-thirdparty labor). You would generally not be compensated for the work that you provided yourselves.
However, if you or your brother are acting as the executor or administrator of the estate, you are entitled to fees for your work in that capacity.
These costs (and any court costs, attorney fees, etc.) are first deducted from the total value of the estate, and the remainder is left to be divided between you and your siblings.
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