Q: Is there a SOL on suing my aunt for fraudulently removing my name as a heirs from my grandparents home?

A: Unless you are minor and your aunt is your designated Guardian, you have a major fraud case against your aunt. If you are minor, when you reach your majority, your aunt needs to turn the proceeds of the sale of the property over to you.

However, if you have reached your majority, and you are an owner of the property, they cannot sell the property without your consent. (735 ILCS 5/13-118) Sec. 13-118 sets a forty year limitation on claims to real estate. There is a 5-year Statute of Limitations on Fraud. If you were an owner of the property, they would need your consent to sell. If the property has sold, it would seem that someone forged your signature. Let me suggest you pull a copy of the Deed at the County Office to see how your name was signed on the transfer documents. If it is not your signature, you have a number of options. Once you have your evidence, contact your aunt to find out what she did with your share of the monies. Additionally, the Title Company may be liable to you for making the transfer, if they didn't do their job correctly. Based on the facts you presented, it sounds that title was a tenants-in-common and you had one-third ownership in the house. Therefore, you would be entitled to one-third of the proceeds. Or, you can rescind the sale, based on a possible fraudulent transfer. Again, you have a number of options. On surface, it sounds like you have a major claim against your aunt. Do some basic research with the County's recorders office. Once you have your evidence, confront you aunt to turn your proceeds over to you. If you hit a stumbling block, engage an attorney. On surface, it appears you have a strong case.