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My family have property in Illinois. The problem is my mother…

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My family have property in...
My family have property in Illinois. The problem is my mother and sister name was the only two on the deed. There is a house on the property,but both are deceased and left no will. What do I need to do to claim the property?Do it go as heir property to myself and brothers? What do we do so we do not lose the property? Part 2 There is another undeveloped lot that my mother owned as well. I have a hand written letter from my mother stating she used that undeveloped land as colaterial for a loan she got from me. She died before she paid off the loan. Would this letter be honor in a court of law without being notarized?
Submitted: 6 years ago.Category: Estate Law
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Answered in 1 hour by:
2/26/2012
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
lwpat
lwpat, Attorney at Law
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Satisfied Customers: 25,387
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Would this letter be honor in a court of law without being notarized?

Probably as long as the signature could be verified as being hers and there was evidence that you actually made her the loan.

Someone will have to go to the probate court and file to be named the executor of each estate. If the house was joint with the right of survivorship then it belonged entirely to that party and now would go to her heirs.

The lot would be your mother's and you would file a claim against the estate for the unpaid loan.

Going through probate is the only way to transfer the real estate. Call the probate court and make an appointment. Take their death certificates from the funeral home and your birth certificate and the clerk can give you the proper forms to submit to the court and tell you the filing fee.

Sorry for you loss and best wishes to you and your family.
lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25,387
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Customer reply replied 6 years ago
Do I need to get a lawyer or can I fill out the forms and submit it on my own? Do the state of Illnois have a different law for filling documents? Since the title and deed was never change out of both my mother or sister name, did you mean that since my sister died after my mother, my sister children would be the heir to the property?
Estate Lawyer: lwpat, Attorney at Law replied 6 years ago
Your sister's children would at least be the heirs to half of the property and possibly to all of it depending on the deed. If that is the case then you may not want to go to the time and expense of filing probate on your mother's estate. You can look at the deed. If it said tenants in common then your mother's estate owns half. If it says joint with right of survivorship, then your sister's estate owns all of it.
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