Q: Dad died & step-mom selling marital home. His Will names only current wife for all assets but title is tenants in common
Father died & step-mom is selling their marital home. His Will only named his current wife. Upon selling their marital home of 30 years she remembered the title is joint tenancy with 50% to her and 50% to his 4 heirs (2 are her biological children with him and 2 are only his biological children.) She has stated the title was done in error and stated the house will go into probate and she will get 100% of the assets regardless of what the title says because the Will only names her for all assets and she has had her attorneys send Quit Claim deeds to us. Can you clarify Illinois law regarding this matter for us? As his 2 biological children, what are our rights?
A: It seems you have property rights in the home. I believe she is mistaken that your property rights will be wiped out in the probate court. You were given the property before your father died, which means that part of the property does not go through probate. I would not sign the quit claim deed if you want to keep your share of the property. You should hire an attorney where the property is located to assist you.
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