Elgin, IL asked in Personal Injury for Illinois

Q: So my Mom said in front of other people that

she wanted me to have her house, but she died with no will -- what should be do to transfer ownership?

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1 Lawyer Answer
T. J. Jesky
T. J. Jesky
  • Chicago, IL
  • Licensed in Illinois

A: When someone who owns the entire interest in a parcel of land or real property and passes away without a will, the state’s laws of intestate succession generally determine ownership. Therefore, just because she said the property becomes your property means very little at this time.

Before you do anything, check on the internet with the County Recorder to see how the property is titled. If you are listed as a joint owner, you might be in good shape.

If you are the only child, and their are no other heirs, you might be in good shape again. However, if there are other heirs you will need to consult a Probate Attorney. There is a possibility that the other heirs might agree to honor your mother's request. Based on my past experiences, I doubt this theory. Again, it sounds like you need to consult with a Probate Attorney.

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