Legal Question in Wills and Trusts in Illinois
Rights of Siblings regarding sale of mother's home.
My mother died 2 years ago without having a will, power of attorney, etc. When my mother bought her house 32 years ago, my oldest sister and her husband were co-signers on the mortgage. Because of this, my sister's name and her husband's name are on the deed. The house was paid off two months before my mother died. My mother paid every mortgage payment for the 30 year term of the mortgage. My question is, because my mother is dead, does that automatically make my sister and her husband sole owners of the house?
1 Answer from Attorneys
Re: Rights of Siblings regarding sale of mother's home.
As a practical matter, yes.
Upon the death of a joint tenant, property belongs to the surviving joint thenant(s).
In theory Illinois (unlike other states) allows this to be challenged on the theory it was just for convenience. But the presumption is against you. It would be an uphill fight.
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