Legal Question in Real Estate Law in Illinois

father died with no will, was married to 4th wife at time. has 3 grown kids. His mother had a house with just her name & his name on it, (mom & son). she died years before him, so only his & her name are still on deed. not the 4th wife. The property is in Illinois where their main house is as well. ? - do the kids have any stake in their grandmother & dad house? (4th wife is trying to auction off the house)

need info fast,

thanks


Asked on 10/24/14, 10:20 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Yes, assuming quite a few facts not included in your questions, your father's children may have an interest in anything owed individually by your father, including his mother's house. You should contact a probate attorney for specific advice.

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Answered on 10/24/14, 10:43 am
Henry Repay Law Offices of Henry Repay

This will need to be analyzed step by step and will require you to bring your documentation to an attorney to consider carefully and confirm with a title search that there are not any documents outside of your records.

First, regarding his mother's house, how the deed was set up is important. If they owned certain ways, then the survivor became the owner, meaning your father. If they owned other ways, it may be that your father became the owner with any heirs in his mother's estate. You do not state whether she had a will and who she had surviving aside from your father.

Next, regarding his house, if he owned it alone, then it would pass through his estate, 1/2 to the spouse, 1/2 to the children or descendants of any deceased child. If he owned it with his wife, perhaps through a deed executed after they married, then, as above, form of ownership would govern whether she survived to it alone or with his heirs.

Other considerations may also come into play. See an attorney.

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Answered on 10/24/14, 11:02 am


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