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?

Related Topics:
1 Lawyer Answer

T. J. Jesky

Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.