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Estate Questions

About 10 years ago my mom put all 5 kids on the deed to her house. She died Feb. 18th,2009. My sister is still living in the house + is the executer of the estate She is still trying to get a demand bill from the nursing home At this time the bill for the nursing home is around 9,000. My sister wants the house but can’t afford it. She is not paying any rent for living in the house. How long can she legally take to settle with nursing home and settle my mom’s estate? I would also like to know if only a 6th of the house would be considered my mom’s estate?.

Asked on June 1, 2009 under Real Estate Law, Illinois

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Was you mom on the deed when she died?  I presume she was not and was on title 19.  If the house is not in your mom's name, then the nursing home cannot touch the house to satisfy the debt.  the nursing home can only get paid out of assets that your mom had when she died - i.e. bank accounts (not jointly held) and other property.  As far as the house is concerned, all the kids appear to have an equal interest.  if your sister is not making the payments you all may lose the house.  Is there a mortgage on the house?  if so, the bank can foreclose and take the house.  your sister is not required to pay rent absent a lease.  since she is a part owner, i doubt she would sign a lease and pay her siblings rent.  I suggest trying to refinance the house if she can afford it or sell it before it is taken by the bank.  each of the kids will split up the proceeds and your sister cna move somewhere else.  if she wants the house that bad, then she needs to either get help from you to pay for it or get a better job.


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