Chicago, IL asked in Estate Planning and Real Estate Law for Illinois

Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

1 Lawyer Answer
Robert Shipley
Robert Shipley
  • Chicago, IL
  • Licensed in Illinois

A: Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a probate estate opened? If for example the property was jointly held by your mother and father, then upon her passing your father would have become the sole owner of the property. That means he can make the decisions as to when and if the property is sold as well as who would share in any proceeds.

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