Chicago, IL asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois

Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate. However, my father is the only person listed on the title for the home. Do I have a claim to co-ownership?

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

A: Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be resolved or you could face being forced to move if the lender forecloses on the mortgage. My advice would be to discuss the details with your father and then the lender to reach an agreement on how best to resolve the current difficulties. That could include, a loan modification or perhaps re-financing of the loan at a lower rate (if applicable), so the payments would be more manageable. If you are going to negotiate with the lender it would be best to hire an attorney to assist you in the process.

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