Legal Question in Wills and Trusts in Illinois

Deceased Parents Home

My mother recently passed away. I have been living in her house for 14 years with my wife and kids. We have been responsible for the household expenses also including the yearly real estate taxes. My mother didn't leave a will. Do I have any legal rights that would allow me to stay in the home?


Asked on 9/17/07, 12:02 am

3 Answers from Attorneys

Scott A. Blumenshine Blumenshine Law Group

Re: Deceased Parents Home

You may have legal rights

to stay in the home

dependent upon how the title

to the property was held

and whether other heirs exist.

I live in Elmhurst and would

be glad to speak with for a

free no obligation consultation.

Scott Blumenshine

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Answered on 9/18/07, 11:44 am

Re: Deceased Parents Home

You will need to find out immediately how the title to the house is held. If it was in your mother's name, then you have rights as a beneficiary of her estate.

The extent of your rights will then depend on whether you have other siblings, if her husband predeceased her, etc.

You should definitely have an attorney review the situation with you in order to determine what your rights are, and how to uphold them.

Let me know if I can assist. Good luck to you.

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Answered on 9/17/07, 9:59 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Deceased Parents Home

You can not be kicked out without someone going to court to kick you out.

Depending on your situation, you may want to go to court, or you may want to do nothing and see what happens.

email me and I can help you evaluate the situation

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Answered on 9/17/07, 10:43 pm


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