Legal Question in Wills and Trusts in Illinois

my father has passed. Before he died he put money down on an investment property . which my brother lives in my father was the only person on the note. my father thought my brother would refinance and the house would be his . my brother said he will get the house after my mother dies. any thoughts or answers

Asked on 9/02/13, 5:10 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

This is not the kind of question you should try to answer without the assistance of a licensed attorney. Nothing regarding real estate is enforceable unless it is in writing. The writings (contract, promissory notes, other documents) will be the source of authority regarding rights and duties of your father's heirs and legatees or devisees. Whether your father had written a will before he died is also important to consider. The real estate transaction documents and the will need to be reviewed with an attorney who can help the family determine how to proceed.

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Answered on 9/03/13, 11:30 am

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