Legal Question in Wills and Trusts in Illinois
Purchase of parents house
My mother passed away in March 2002. Her will named my two siblings and I as joint executors, with the first request being that our brother, the oldest be the first to purchase her home. He has been able to get the loan for the purchase, but my sister, who has been fighting this tooth and nail, and does not want our brother to have the house, has went to an attorney that she knows personally, and he says that we have to sign a Quit Claim deed and let him handle all of this. That we can not go to the closing and just sign over our third to our brother, and he give us our third. By the way, we are only talking about $30,000.00. Our sister has retained this attorney, saying he is also working for my brother and I. I have never spoken to this man, or signed anything or asked him to do anything for me. Neither has my brother. So, do we need an attorney to handle this for us, or can we just go to the closing when my brother goes to get the money, and he hands over our third, and we sign our share of the estate over to him. Thank You
2 Answers from Attorneys
Re: Purchase of parents house
You should hire an attorney for yourself. And do not sign anything until you hire one. Too much can go wrong without an attorney representing you. Call me if you want to talk about this further. Larry Stein (630) 221-1755.
Re: Purchase of parents house
well, I begin by having troubles with the math.
If the estate was left to you equally, then you would each have a 1/3 interest, so you and your sister should be getting 2/3 the value and signing over 2/3 interests.
But there seems to be a more basic problem. Why aren't you consulting the attorney handling the probate estate? My horrified guess is because you haven't opened a probate estate, in which case you are strangers to the property that's in your mother's name and can't convey good title.
I *urge* you get an attorney and discuss the whole thing from scratch.
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