Legal Question in Real Estate Law in Illinois

in Illinois. My father passed away and the house is now owned 50% by my Mother and the other 50% is divided between 4 surviving children.. My mother is wanting the 4 children to sign over their interest in the house so she can get a home improvement loan that she says requires sole ownership to complete. Should I or should I not sign my inheritance rights away for a loan application ?

Asked on 9/04/13, 1:09 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

If the home improvement loan makes sense, there should be ways to work through this to protect each owner's interest. First, I expect that if your mother qualifies for the loan, then the lender should be satisfied provided that each owner signs off on the security instrument. That would be the most straightforward. If sole ownership is required, are you expecting that you would again inherit the property later? I would not rely on that expectation since your mother could do other things once in title that would impair your interests. So, some consideration should be given to ways to assure that your remaining interests are protected. I suggest working through this with an attorney. Alternatively, is there anything that can be worked out to get the home improvements done through any of the current owners. Perhaps a private loan makes more sense than a commercial loan. If one of you has the means to take care of the needs and take a mortgage against the property, that may give more flexibility. See an attorney.

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Answered on 9/04/13, 2:25 pm

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