Legal Question in Wills and Trusts in Illinois
Probate how long does it take
In December 2002, my mother passed away she left no will and had no debt at the time of her death. She did own her own home. My youngest sister cared for my mother and when our mom passed away my sister had me and another sister sign over a Quit Claim Deed and handed it over to her Attorney. I have asked my sister several times if the Probate has ended due to the fact that mom has been deceased 3 1/2 years.I never get an answer other than well I have to take the time to meet with the Attorney and she never does. Why did I have to sign a Quit Claim Deed? I am told that she cannot sell the home because her husband passed away and she now collects his social security for her and her two surviving children and if she sold the property then she would have to show this to Social Security as part of her income, but something does not sound right for she wanted to purchase a new home and sell her existing home and that too would constitute to having to report this to Social Security. I feel that our Mothers home should be sold, she is letting a family reside in the house and pays no rent, my sister does cover the property taxes and the home owners insurance. I would appreciate it so very much if someone could help me with these questions
1 Answer from Attorneys
Re: Probate how long does it take
Do you know what you signed? Property in probate should not normally require a beneficiary to sign a quit claim deed. Grantor on a quit claim deed is giving away whatever interest (s)he has in the property. If that's what you did you may have (inadvertantly) given aay your interest in the property. It's hard to tell from your question, but you may be well advised to consult an attorney to determine what interest and rights you have.
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