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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38927
Experience:  Texas Attorney for 30 years dealing in real estate
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My father passed away a year and a half ago, leaving his house

Customer Question

My father passed away a year and a half ago, leaving his house to my brother and myself. My brother was supposed to buy out my half of the property but not only did he fail to pay me anything, he is also delinquent on the taxes by one year. The house also now has unpaid utility bills. I tried to contact the bank to see if I could take out a mortgage on the property and pay off the bills and buy out my brothers half but the deed is still in my dads name. I have the will that states the property was left to my brother and myself and I have the death certificate, so my question is, how do I get the deed in my name so I can take out a mortgage and what legal risk to I expose myself to if I do so, considering the fact that there are unpaid bills against the property
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ray replied 11 months ago.
Hi and welcome to JA. Ray here to help you tonight.. Here you need to make application to probate the will and be appointed by the court as executor.Executor then has right to sell real estate , talk to bank, buy out the other party , etc.You need to have the will admitted here by the probate judge and receive your letters testamentary to give you legal authority in Illinois. I appreciate the chance to help you tonight.Thanks again and the best here.
Expert:  Ray replied 11 months ago.
Probate lawyer for you here to make application to probate the will Illinois Chicago Bar Association LRSChicago, IL Phone:(###) ###-####TY:(###) ###-####ounties Served: Cook, DuPage, LakeMeets ABA Standards for Lawyer Referral DuPage County Lawyer Referral & Mediation ServiceWheaton, IL Phone:(###) ###-####or(###) ###-####ounties Served: DuPage, Kane, CookMeets ABA Standards for Lawyer Referral Illinois State Bar Illinois Lawyer Finder.comSpringfield, IL Phone:(###) ###-####oll free:(###) ###-####ounties Served: Statewide Kane County Bar Association Find A Lawyer ServiceGeneva, IL Phone:(###) ###-####ounties Served: Kane, DeKalb, Kendall, DuPage, Cook, Lake, McHenry, Will, Winnebago Lake County Bar Association LRSWaukegan, IL Phone:(###) ###-####ounties Served: Lake, McHenry and Cook North Suburban Bar Association Lawyer Referral ServiceGlenview, IL Phone:(###) ###-####ounties Served: Cook, Lake Northwest Suburban Bar Association Attorney Referral ServicePalatine, IL Phone:(###) ###-####ounties Served: Cook Peoria County LRSPeoria, IL Phone:(###) ###-####ounties Served: Peoria, Tazewell Will County Bar AssociationJoliet, IL Phone:(###) ###-####or(###) ###-####ounties Served: Will Winnebago County LRSRockford, IL Phone:(###) ###-####ounties Served: Winnebago, Boone
Expert:  Ray replied 11 months ago.
Reference to the probate process..http://www.nolo.com/legal-encyclopedia/illinois-probate-an-overview.html Thanks again.

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