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my mother recently has moved in with me who is a widow of 9

years she was considering selling...
my mother recently has moved in with me who is a widow of 9 years she was considering selling her home to be out from underneath the extra bills and she's as well as lonely as ill when she got her deed out to look at it I notice that my dads name was only on the deed I told my mom I didn't see a problem he has been gone 9 years they were married for 44 years had 6 kids, lived there at that house for 20 years there are no money owed on the property if she was to sell the property would there be a issue about her name not on the deed there is no will made up I know its her"s but should we do any thing before we go any farther about my mom's name
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Answered in 4 minutes by:
10/19/2013
Thomas McJD
Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6,516
Experience: Legal Expert
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Thomas McJD :

Hi, I'm Thomas and will be happy to assist you. My goal is to make you a very satisfied customer! Thanks in advance for your patience.

Thomas McJD :

Unfortunately this does pose an issue. Since the property is only in your father's name, the property became part of his probate estate after his death. Legal, record ownership does not pass automatically. Instead, it is required that you complete a probate of your father's estate so that ownership can be transferred. In your father's case, since he did not have a will, his estate is considered an intestate estate. That means that the property ownership goes to his heirs at law. In Illinois, a person's heirs at law depends on what relatives survive and the relation of those relatives to the deceased person. In your father's case, your mother is an heir to 1/2 of the property. His children, including you and any siblings, are the heirs to the remaining 1/2 of the property. If your mother wished to sell the property, a probate would be required. In addition, you and your siblings would need to be part of any sale transaction since you would be owners of the property.

Customer:

Is there a statue of time required on a quit claim deed that has been signed yet not recorded at the court house

Thomas McJD :

What type of quitclaim deed -- did your father deed the property to your mother or someone else?

Customer:

no there was a small piece of ground that was left to his first grandchild it was made up in 1988 I found for him it was never recorded to what I can see probably because of his age at that time I know he is unaware of this should I tell him I belive this is what my dad would want for him

Thomas McJD :

Sure, you can still record the deed. The deed was legal and valid at the time it was made. Recording just gives record notice of ownership to the property. There can be negative effects to waiting to record such a deed -- but only if a third party were to have come in and claimed some interest in the property between the time the deed was made and when it was recorded. You can still record the deed.

Customer:

Well that is GOOD news for my nephew!!! I never knew he is blessed . So what we half to do is get a lawyer to handle estates for my mom and then she / we can go on from there you have been very HELPFULL I just wish that my mom and dad would of known the importance of a will we all are going to die some day best be prepared for the one's we leave behind and I belive that me and my husband definitely will look into our own affairs Thank you once again

Thomas McJD :

You're very welcome and thank you. I would be grateful if you could please leave me a positive rating for my assistance. Thanks and have a great day!

Thomas McJD
Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6,516
Experience: Legal Expert
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