who has rights to property?

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who has rights to property?

my dad had several rental houses
on separate plots of land.he passed
away without a will.my sister is
trying to force me out of one of
the houses that my dad owned.what
can I do?

Asked on November 1, 2017 under Estate Planning, Illinois

Answers:

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

Answered 3 years ago | Contributor

Since your dad did not have a Will (and a surviving spouse was not indicated), then you and your sister will equally inherit a 1/2 share of his estate (I assume there are no other siblings since you didn't mentioned any). Therefore, a "personal representative" will need to be appointed by the probate court (this is like an executor in cases where there is no Will). The PR will then handle estate matters until probate is closed and the heirs receive their inheritance. According, whichever one of you becomes PR, will then have a say in who can or cannot remain on the property and what happens to it (i.e sale, etc.). If your sister is appointed PR and attempts to do something with which you do not agree, then you have the remedy of going to court. Of course, you could ask to be appointed PR or be appointed jointly with your sister.

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

Answered 3 years ago | Contributor

Since your dad did not have a Will (and a surviving spouse was not indicated), then you and your sister will equally inherit a 1/2 share of his estate (I assume there are no other siblings since you didn't mentioned any). Therefore, a "personal representative" will need to be appointed by the probate court (this is like an executor in cases where there is no Will). The PR will then handle estate matters until probate is closed and the heirs receive their inheritance. According, whichever one of you becomes PR, will then have a say in who can or cannot remain on the property and what happens to it (i.e sale, etc.). If your sister is appointed PR and attempts to do something with which you do not agree, then you have the remedy of going to court. Of course, you could ask to be appointed PR or be appointed jointly with your sister.


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