Legal Question in Real Estate Law in Illinois

My Father passed away earlier this year; and the only thing left from his estate is the house he owned and lived in. His will left the house to myself, my brother, and my sister. We have been trying to sell it in this horrible real estate market, but are not getting any offers for what the minimum that we want to sell for. I myself am financially hard up; and am willing to take less; just so I can get a financial grip on my life. My Brother and Sister dis-agree; and are holding off for a higher offer; (not likely to happen until the market improves. Do I have any legal rights here?


Asked on 10/26/10, 2:07 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

My first thought is whether anyone has filed a petition to probate your deceased father's will or administer his estate. Can't imagine how you would transfer title validly without doing the same.

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Answered on 11/01/10, 9:41 am

Whoever the executor was under the will was supposed to file the will with the court clerk. That's the first thing. Second thing is to open a probate estate because all real estate that passes by will must go through probate. You can give up your rights to your inheritance through the process, or the three of you can agree to take less, or you can move in and keep the place up, maybe even fix it up, etc. and hope for a slightly better market. There are a number of options. If you want to talk about this more please let me know.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/02/10, 3:03 pm


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