Legal Question in Wills and Trusts in Illinois

unsigned will

My mother passed away 12 years ago. Her unsigned will states that from her downpayment on the house she and I owned together, a specific dollar amount would go to each of my brothers and sisters (1/6 of the downpayment) WHEN I sold the house. My brother is questioning the length of time that has past, and insisting on his share NOW. I am not in a position to sell... I have always intended to honor my mother's wishes , I know she wanted me to be able to keep my daughter in school where we live. She will graduated high school in June of 2008. What are my legal duties?


Asked on 10/02/06, 3:14 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: unsigned will

An unsigned will is not valid and is unenforceable.

If you owned the house together with your mother, your rights (and your siblings' rights) depend on how it was titled.

E.g., if it was in joint tenancy with rights of survivorship, it would be yours alone and no one else has any rights to it.

If, on the other hand, it was held as tenancy in common, you would have rights to 50%, and you and your siblings together, would share the rights to the remaining 50%.

Please let me know if I can assist you in making this determination.

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Answered on 10/03/06, 3:48 pm


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