Legal Question in Wills and Trusts in Illinois
No will
My mother did not leave a will. Her and her sister is on the title, but my mothers name is just on the mortgage. My aunt stop paying her part of the mortgage, leaving me to pay both hers and my mothers. My aunts son petitioned the court to be the administrative over my mom's property. We are going to court to have me, her daughter, be the administrative over her estate. Does her son have any rights, does she have any rights? I feel as if she abandoned the property. She moved in June. I do have a sister and brother who nominated me as the administrater. What rights do I have? Can you please give me some advised?
1 Answer from Attorneys
Re: No will
Your mother's estate and your aunt have rights to the property.
Assuming that the title was held as "tenants in common," each would hold 1/2 of the property (you will have to have an attorney review the deed to the property in order to determine that this is a correct assumption).
You and your siblings should have rights to 1/2 of the property, and since it is owned by your mother's estate, it is certainly logical that you would be appointed administrator over your cousin.
I highly recommend consulting an attorney on this to review your rights and obligations to your mother's estate. Doing it alone, with someone challenging you may create unecessary confusion and frustration.
Please let me know if I can assist.
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