Legal Question in Real Estate Law in Illinois

Am I able to remove deceased spouse name from deed for my home that is paid in full without consent of his 2 biological children from previous marriage


Asked on 4/06/17, 10:58 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

I am sorry for your loss. It depends on how title was held and whether there was a will. If you were both owners, and you were joint tenants or tenants by the entirety, nothing needs to be done--the property belongs to you. If you were not an owner, or if you were tenants in common, and if your spouse had a will, the provisions of the will control. If there was no will, then you and the children would take what your spouse owned. You should contact a probate or real estate attorney in your area to determine what, if anything, needs to be done.

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Answered on 4/06/17, 11:12 am


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