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Question

My Mother passed March 2, 2009 leaving property worth over 100,000.00 to my brother and I in a will dividing every- thing evenly. Initially my brother agreed to start by fixing an apartment to rent until we decided what to do, for about a year. The 2-flat is currently all paid for. Now he wants his $ and wants to go into probate. What is the proper thing to do?

Submitted: 234 days and 15 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Chicago-Cook County, Illinois

Already Tried:
Talked to one lawyer friend and looked up some info through inernet. XXXXXXX

Accepted Answer

Probate will have to be opened in order to transfer the property from your mother's estate to you and your brother. This will have to be done before you can sell the property, borrow money on it, etc.

 

Once the property is transferred from her estate to the two of you, you can either sell it or keep it. Also, one of you can force the sale of the property by filing a partition action.

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Expert: Adam Kirk
Pos. Feedback: 100.0 %
Accepts: 
Answered: 4/1/2009

Attorney

Wills & Estates Litigation Attorney

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