Legal Question in Wills and Trusts in Illinois

Re: no right to survivorship

If the home is owned by husband and wife by the entireties, then it goes to the survivor, 100%. This is usually the case with a married couple. If it is owned by aunt and uncle as joint tenants without rights of survivorship, then the uncle can deed his 1/2 to someone else, and that someone else can sell his or her undivided one-half. Your aunt would have a life estate (she has a dower interest in the property also), and the new 1/2 owner generally would have no right to live in the house and certainly cannot allow others to live in the house. The ownership of real property does not include the personal property located on the property. Personal property is furniture and like items. Wife can petition the court to sell the home if she wishes. Your questions indicate an ugly situation, and hopefully, everyone will act fairly, honorably, and with dignity.

This communication does not establish an attorney-client relationship, and is based on limited, unverified facts. If you need a definitive answer, you should consult with an attorney who can review the facts in-depth as well as the relevant documents.

Good luck.