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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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My mother recently passed away without leaving a Last Will

Customer Question

My mother recently passed away without leaving a Last Will & Testament. According to Illinois law that means I am part owner of the family home. I want to move back into the house and my brother has told me that I cannot do this. Is that legal? If I am part owner can they legally deny me access to moving back into the house?
Thank you for your help. I sincerely ***** *****
Thank you,
Sheila Voss (###) ###-####***@******.***
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
They cannot deny you access to the home if you are a joint owner.You may need to get certified copy of the deed and involve law enforcement here to gain access.You have an undivided half interest in the property and right of access.You also can change locks if they lock you out and police would explain this to them.
You also have rights in Illinois to file a suit for partition here to force a sale of the property.This would allow you to either purchase it or receive half the proceeds.You of course can live there until it sells.
You may want to get a copy of the deed here giving you the interest and involve law enforcement as a first step.Long term a suit for partition is your legal remedy if you want to force a sale here under Illinois law.
Reference to partition for you here.
http://www.richardthompsonattorney.com/partition-suits
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Reference to Illinois probate, you may have to make application and force a sale through probate or partition.Either way you have rights here to access, they have no legal basis to deny you access.
More on your rights here.
http://www.nolo.com/legal-encyclopedia/intestate-succession-illinois.html
I appreciate the chance to help you .
Lawyer referral
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IL
You have rights here as an heir to force a sale and grant access as well.
I am so sorry for your loss of mother.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating here it is much appreciated.
Possible legal help for low income/low cost..
http://www.cookcountycourt.org/FORPEOPLEWITHOUTLAWYERS/FreeLowCostLegalServices.aspx
You can file yourself pro se without a lawyer here are forms for whole state of Illinois.
http://12.218.239.52/Forms/pdf_files/CCP0302.pdf
Thanks again.
Expert:  Ray replied 1 year ago.
More self help here, you plug in your zip code for resources..
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2414
Thanks again.

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