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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away about ten years ago. My brother, my moms

Customer Question

My mother passed away about ten years ago. My brother, my mom's caretaker and
my sister who was disabled continued to live in my mom's home.About three years ago
my sister passed away who had one surviving daughter.My brother and myself are
the only surviving siblings of my mom. My dad passed away many years ago.If we were to
sell my mom's home is my sister's daughter entitled to one third of the sale profits

Truly,
Rudy Z.
Submitted: 3 years ago.
Category: Estate Law
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If we were to sell my mom's home is my sister's daughter entitled to one third of the sale profits
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If mother passed without a will and was unmarried at the time she passed, then the state intestacy laws would control how her assets descended. Under IL law, her children would have split her estate evenly between them all. If one of mother's children had passed, then that child's heirs at law would "step into her shoes" and inherit her portion.
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So the short answer is yes, sister's daughter would inherit sister's share of the house along with you and brother.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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