Chicago, IL asked in Family Law and Probate for Illinois

Q: Is a father's son's wife's (all dead) brother allowed to probate father's house when he has a living brother - no wills?

My father-in-law (Bob) his brother Norman (died) and had a deed to his house in his son's Len (died) name. Len's wife (Joann) died a week later. Now Joann's brother (Tom) opened probate cases on the estate of Len (for Norman's house) and Joann. Is he legally entitled to them? What about Bob, who is the only living brother left of Norman, there are no other living relatives except Bob's son. Isn't Bob entitled to the house as Norman's brother? We can't find any Wills, we just know that Tom has opened probate cases.

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1 Lawyer Answer
Ray Choudhry
Ray Choudhry
Answered
  • Probate Lawyer
  • Moline, IL
  • Licensed in Illinois

A: What do you mean had a deed to his house in his son's Len (died) name.

If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.

When the son died, it goes to the son's heirs.

Assuming he had no children, it goes to his widow.

After the widow died, her estate goes to her children and if none to her parents and brothers and sisters.

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