Legal Question in Wills and Trusts in Illinois

what do we do with sister's property if there's no will and son is not taking responsibility


Asked on 5/14/17, 10:23 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

I am sorry for your loss. There really is nothing you need to do. From what you describe, and assuming she was not married, the property belongs to her son. If he is not interested, it eventually will be foreclosed or sold at tax sale. Perhaps he needs a bit of assistance or encouragement. It could be that the loss of his mother has made it difficult for him to deal with her home. Or it could be that there is not enough equity to make it worth his while.

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Answered on 5/15/17, 6:45 am
Henry Repay Law Offices of Henry Repay

I am sorry for your loss. There is not very much advice that can be given with the limited information provided. By "property," are you referring to something specific, such as her home, or all her property generally? When you say he is not taking responsibility, what is your impression--is he unaware of how to proceed, limited in ability, stressed, not knowing whether there is anything to be gained, needing help, grieving, ...?

Depending on all the above, you can walk him through it (such as scheduling an appointment with a Northern Illinois attorney for an initial consultation) or you can initiate proceedings yourself if you feel it is worthwhile to protect the assets and his interests. Ultimately, he will stand ahead of you as far as the right to take over administration, but even in that event you have helped out. The costs should eventually be borne by the estate, but you may have to advance at least some amount as a retainer for an attorney to pay filing fees and prepare documents.

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Answered on 5/15/17, 7:22 am


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