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Father died intestate. Hiers?

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ricoace64

Junior Member
What is the name of your state? Illinois
My Father Died Intestate three years ago. He owned 8 acres of land which of course passed on to myself and my three siblings. A year ago, I bought out one of my sisters interest in the property. There is a deed recorded stating that I have one half interest in the property. My question is this. The property is still in my Fathers name. It has not gone to probate. Because of issues with one problem child in the brood, the property will most likly get sold, but if it doesnt ,what are the intestate laws regarding property that you do not "own"? If I die, will my interest go to my child? Or will it go to my surviving siblings?

One more Question please.There are three siblings left. If a majority decision(Myself and my sister) is made to sell the property, What rights, if any does my brother have in contesting that?

Thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Illinois
My Father Died Intestate three years ago. He owned 8 acres of land which of course passed on to myself and my three siblings. A year ago, I bought out one of my sisters interest in the property. There is a deed recorded stating that I have one half interest in the property. My question is this. The property is still in my Fathers name. It has not gone to probate. Because of issues with one problem child in the brood, the property will most likly get sold, but if it doesnt ,what are the intestate laws regarding property that you do not "own"? If I die, will my interest go to my child? Or will it go to my surviving siblings?

One more Question please.There are three siblings left. If a majority decision(Myself and my sister) is made to sell the property, What rights, if any does my brother have in contesting that?

Thank you
Your brother may decide to open probate. SOMEONE should DEFINITELY start the probate process.
 

nextwife

Senior Member
The property hasn't "passed" to anyone.

It is still "dad's" and Intestate probate must be filed, and should have been filed. How were estate creditors handled? Taxes for year of death?

THIS is who inherits under IL intestate:
http://www.illinois-attorney.com/intest.htm

Illinois Intestacy Statute

click here for discussion of Intestacy
click here for Illinois Will Service
click here for Illinois Probate Service
email: [email protected]
5/2-1. Rules of descent and distribution

Section 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.

(c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse.

(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

(e) If there is no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister of the decedent but a grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedents maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes and (2) 1/2 of the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving paternal grandparent or descendant of a paternal grandparent, but a maternal grandparent or descendant of a maternal grandparent of the decedent: the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving maternal grandparent or descendant of a maternal grandparent, but a paternal grandparent or descendant of a paternal grandparent of the decedent: the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes

(f) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister or grand parent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes and (2) 1/2 of the entire estate to the decedent's paternal great-grand parents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving paternal great-grandparent or descendant of a paternal great-grandparent, but a maternal great-grandparent or descendant of a maternal great-grandparent of the decedent: the entire estate to the decedent's maternal great, grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving maternal great-grandparent or descendant of a maternal great-grandparent, but a paternal greatgrandparent or descendant of a paternal great-grandparent of the decedent: the entire estate to the decedents paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes.

(g) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister, grandparent, descendant of a grandparent, great-grandparent or descendant of a great-grandparent of the decedent: the entire estate in equal parts to the nearest kindred of the decedent in equal degree (computing by the rules of the civil law) and without representation.

(h) If there is no surviving spouse and no known kindred of the decedent: the real estate escheats to the county in which it is located; the personal estate physically located within this State and the personal estate physically located or held outside this State which is the subject of ancillary administration of an estate being administered within this State escheats to the county of which the decedent was a resident, or, if the decedent was not a resident of this State, to the county in which it is located; all other personal property of the decedent of every class and character, wherever situate, or the proceeds thereof, shall escheat to this State and be delivered to the Director of Financial Institutions of the State pursuant to the Uniform Disposition of Unclaimed Property Act. In no case is there any distinction between the kindred of the whole and the half blood.
 

ricoace64

Junior Member
The land is valued at approximatly 40,000. Nothing real complicated to handle asset wise. My sister and I dont live in Illinois. Brother has sold and stolen vehicle titles/vehicles tractors...EVERYTHING.

All thats left is the land. Lawyer told me the costs of taking it into probate are not worth it. He suggested to Try to buy his interest in the land or petition to sell the land.

We really dont want to sell, but its getting aggrivating dealing with my Addict brother.

One option for us is just leave it alone (Land) and let my brother just burn himself out. He cant do anything legaly on the property but just go fishing! (No House)

I understand the intestate laws a little. I still do not see in those clauses a law that pertains to my question. If I die right now, with property that I have a interest in (my fathers property) What happens to my share? I just didnt see it in those clauses?

Remember, I dont "own" that property...legaly none of my siblings do right?

Thank you very much for replying
 

JETX

Senior Member
My Father Died Intestate three years ago. He owned 8 acres of land which of course passed on to myself and my three siblings. A year ago, I bought out one of my sisters interest in the property. There is a deed recorded stating that I have one half interest in the property.
You have a much LARGER problem. That is the 'sale' of your sisters share to you without her actually having OWNERSHIP is very likely NOT valid. Simply, you can't sell something that you don't own. Was this sale done in WRITING and drafted by an attorney? If not, then you might have a false sale (search your state 'statute of frauds').


My question is this. The property is still in my Fathers name.
And there is your problem (see above).

It has not gone to probate.
You need to get this property (and estate) cleared up before you pursue ANYTHING further.
Especially since there may be other beneficiaries (due to your state intestate laws).
 

ricoace64

Junior Member
Yes It was, Deeded and recorded by a Attorney. She sold out her "interest" in the property. I asked the lawyer the same question as you...He said it was legal! No disrespect to you...BUT I HOPE HE WAS RIGHT! Oh Lawd :)

Thank you. You all have been very helpful

Rick
 

Zigner

Senior Member, Non-Attorney
Yes It was, Deeded and recorded by a Attorney. She sold out her "interest" in the property. I asked the lawyer the same question as you...He said it was legal! No disrespect to you...BUT I HOPE HE WAS RIGHT! Oh Lawd :)

Thank you. You all have been very helpful

Rick
You cannot buy something from someone who DOESN'T OWN IT. Until the estate is probated, none of the children have ANY interest in it.
I am concerned that you are missing something in this situation...or that you aren't giving us the full story (not meant as an insult - just you might not have all the info).
Consult with a local probate attorney ASAP.
 

ricoace64

Junior Member
No insult taken. I appreiciate the info. All I can say is that My Sister contacted my lawyer who is a probate lawyer and stated she didnt want any part of being involved with her siblings/probate/courts/owning property/ Nothing. She just wanted "her share" of her fathers inheritance. She basically signed over her rights to being involved legaly to that property. Documents requiring her signature, my signature...notaries of both signatures. I then paid a fee to have it deeded and recorded in the Illinois courts. That all of it. Nothing left out. I will be calling the lawyer in the morning...And again, no disrespect but I hope you are wrong! geesh!

My Brother is going to hang himself if he tries to take this into probate. My father owed nobody when he died. The only thorn is a problem child who has pipe dreams (crack pipe) of owning something he didnt work for.

Thats another story though

Rick
 
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nextwife

Senior Member
Documents requiring her signature, my signature...notaries of both signatures. I then paid a fee to have it deeded and recorded in the Illinois courts. That all of it. Nothing left out. I will be calling the lawyer in the morning...And again, no disrespect but I hope you are wrong! geesh!

My Brother is going to hang himself if he tries to take this into probate.
It HAS to go into probate!

A deed cannot transfer an ownership that doesn't exist. Heck, I can record a deed from me to my husband for YOUR house - but that wouldn't make hubby an OWNER of your house because I did not have good title when I transfered the deed.

A notarizition is not evidence of good title. It is simply a certification that the signatory is the person who they say they are.

Capiche?
 

ricoace64

Junior Member
All I am relaying to you is what a Expierienced Probate lawyer of 30 years did for me. One thing is CRYSTAL clear, I need to call him tommorow!

I will update this topic.

And thank you again for your replies

RIck
 

JETX

Senior Member
No insult taken. I appreiciate the info. All I can say is that My Sister contacted my lawyer who is a probate lawyer and stated she didnt want any part of being involved with her siblings/probate/courts/owning property/ Nothing. She just wanted "her share" of her fathers inheritance. She basically signed over her rights to being involved legaly to that property. Documents requiring her signature, my signature...notaries of both signatures. I then paid a fee to have it deeded and recorded in the Illinois courts.
Sounds like you have NOT taken ownership of her share... and may have simply acquired her RIGHT to a share... if one exists.
Until the property has been LEGALLY transferred to the estate and then disbursed according to law.... you have a paper that MIGHT give you a right to something... and that is all you have.
 

ricoace64

Junior Member
I just looked at the paper work I signed. It Called A" quit claim deed statutory" I am nobodys poet, so I apologize for that :D

In any case, the replies I have recieved here warrant verification of that transaction! For sure!

Thank you!
 

Zigner

Senior Member, Non-Attorney
problem child who has pipe dreams (crack pipe) of owning something he didnt work for.
You should take it easy with these statements. At this point, YOU also have dreams of owning something that you didn't work for.
 

ricoace64

Junior Member
If you took that statement I wrote at Face value,which you obviously did. That could be. You would have to know the context of it to understand it. And i dont think I mentioned it in my questions to you sir/Ma,am.

Thank you
 
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