Legal Question in Wills and Trusts in Illinois

if there is no will and everything is in my sisters name but the house is still in my dads (who passed away in 2010) name and my sister lives in the house can I get half of the house


Asked on 6/15/10, 12:33 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

If the house is in your dad's name alone, it would pass through his estate. Distribution of his estate would be governed by his Will, if he had one, or if not then by intestacy law (if no surviving spouse, then to children and descendants of deceased children, equally).

If that doesn't answer your question or you have further questions about your father's estate, please feel free to call me.

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Answered on 6/15/10, 3:39 pm
Gregory Turza Law Offices of Gregory P Turza

If your sister wants to continue living in the home you may be faced with other practical problems. She is living in a house that is half yours. Is she paying you rent? She can buy you out of your one half interest, but does she have the money or the credit to do so? If you would like to discuss your situation and your options please feel free to call for a free consultation. Go to www.legacylaws.com and click on Contact Us for my contact information.

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Answered on 6/15/10, 6:27 pm


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