Legal Question in Wills and Trusts in Illinois

Father passed intestate,can heirs avoid probate with real property if one heir is going to live in home and other releases claim.

One heir doesn't want to claim real property other will live in home. Deceased passed few months ago. Heirs have been paying any current bills, there is no previous debt. Real property is in cook county IL. How can the heirs avoid probate and change property deed to the one heir?


Asked on 4/04/11, 5:17 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Based on facts provided, if only father's name is on deed as fee simple owner, probate must govern transfer of property to heirs. If all agree, it can be done with reasonable cost in reasonable time period.

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Answered on 4/04/11, 5:34 pm


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