Home sale after mom’s passing

Get Legal Help Today

 Secured with SHA-256 Encryption

Home sale after mom’s passing

My mother passed away, and her house was in my mothers name, and my
sister’s name. I have 5 sisters and one brother. The sister is
selling the house right now and the sister who is on title believes
that she is entitled to all of the proceeds from the sale of the
house. Is this true? Does this mean the other 6 siblings get
nothing?

Asked on May 4, 2018 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your sister was on the title to the house as a "joint tenant with right of survivorship", then upon your mother's death, your sister was automatically vested with 100% ownership in the house. If there was no survivorship language, then they held title as "tenants in common". This means that your mother's share is now an asset of her estate and will be distributed to her benefciaries/heirs as prescribed by her Will or state law. At this point, you should consder consulting with a local real estate lawyer who can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption