Who is entitled to a home titled in the name of a deceased person?

My father purchased a house in which me and my disabled brother live 10 years ago. We have made every payment, upgrade, addition, paid the insurance, etc. The only reason my fathers name was on the loan/deed was only because of a credit score. He has never lived here or used any of his funds to pay for the said home. I understand that since the home was purchased before the marriage it is considered non-marital assets and requires probate. My father recently remarried 5 months ago and yesterday he died. We are only 8 months from paying off the home. My question is this: Is she entitled to this home in any way shape or form? Can we file a lien to protect the vested interest that we have in the property? What are our options?

Asked on August 31, 2013 under Estate Planning, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I suggest that you consult with a Wills and trust attorney who has experience in real estate matters as to handle the title to the home that technically is yours since you made all the payments on it but is in the name of your late father. Technically it was his home and the one who is deemed his heir under a Will or trust gets the unit subject to certain exceptions such as your claim for payments on it.

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