Legal Question in Wills and Trusts in Illinois

Dad was a ''RISK''

Before grandma died she transfered her home to my mom.My dad was a big gambler, therefore a risk, so mom nevered transfered the home to dad or had his name added to the deed. On the day of mom's death,or there abouts,dad tried to fake a legal transfer document of the home to him. Now dad is dying of cancer. How does the home pass down to mom and dad's surviving children? All parties were legally married.

Sister is currently living in the home careing for dad.

Thank you


Asked on 12/03/00, 2:50 pm

3 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Dad was a ''RISK''

I don't think it will change anything that dad tried to fake a legal transfer, as long as mom and dad have the same children (ie no step children). If there is no will, the property will go in equal shares to all the children.

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Answered on 12/05/00, 9:09 am
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Dad was a ''RISK''

I agree with the previous reply. The only question, which is really a procedural one, will be whether you need to probate mom's estate or dad's estate. This would depend on whether the transfer by dad was effective (the opinion of a title company would be a good source). But, assuming there is no will and your parent's children are the same, or assuming there is a will and the beneficiaries are the same, the end result will be identical.

If you would like further legal advice on this matter or if you are looking for a probate attorney in the Chicago area, fell free to give me a call at (847) 991-2250.

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Answered on 12/05/00, 9:41 am
Philip Koenig Konecky, Koenig, Kutsunis and Weng

Re: Dad was a ''RISK''

When your mother died,title passed to your dad asto one-half and to you and your siblings as to the other half, unless mom had a will. Presuming your father died without a will, title passes to you and your siblings, in equal shares.

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Answered on 12/05/00, 11:40 pm


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