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

Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch the name over since it was left in the will and is there anyway she can just sell it under her mother’s name due to the Will. It’s in Northern Illinois

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

A: The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be properly transferred to your step mom. Also another issue is who has been paying the real estate taxes. You want to make certain the property has not been sold in a tax sale. That is why I think it best if you spoke with an attorney to review the specifics of the issue you have described.

James Kottaras agrees with this answer

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