No will, step mother sold home-keeping all

I live in Illinois.
Father died 3 yrs ago..
Step mom just sold home
no will on home
Fathers name was on home prior to his death
Not sure if step mom had father's name removed
Father, son and step mom had a conversation on the distribution of the sale
of the home. 1/2 to son/daughter and other 1/2 to step mom.
Step mom told us yesterday that she was keeping all home sale proceeds
Father paid cash for home
step mom paid for sunroom addition
Is there anything we can do?

wilson2323 said:

Fathers name was on home prior to his death
Not sure if step mom had father's name removed

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How exactly was the property titled?

Don't know how poroperty titled? can I find out online? or where do I need to go? I know both of their names were originally on title! Not for a fact.. only assuming

When did father buy the house (before, or after marriage to step-mother)? What was the title situation about the house immediately after father died? Was anything in writing?

Anteater's question is most significant.

Your best bet is to make a visit to whatever department holds property records in your county - probably at the county courthouse.

If both names were on the title, it is a good bet that they held the property jointly with right of survivorship or as tenants by the entirety. In either case, stepmother would have inherited the entire property at your father's death by operation of law and stepmother could do what she wishes with the property.

That's not definite; only likely.

Father bought home WITH step mom after marriage
Nothing in writing about the house.
I remember someone saying to step mom that we need to get Dad's name off the house- don't know if she did

And I thought she was a women of integrity! Amazing what $ does to people. We were close and this will cut ties!

I a positive step mom's name is on title. and it written as you said. What other way would it be written? and if its written in another way how will she sell it by the end of this month then?

anteater said:

That's not definite; only likely.

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VERY likely.

If stepmom were not the full title owner at time of sale, she could not have sold it. At least no title insurer would have insured the sale. So, we can surmise that they held title together, stepmom automatically became owner of the deceased co owners interest, and then sold as owner. That would be perfectly proper and valid between spouses.

The poster can certainly verify the chain of events by reviwing the title record or paying a title company to pull all transfers from the propery acquisition by dad forward, and getting copies of same.

If I and my hubby co-own a house as husband and wife, when one dies the other gets the house in full (minus any open mortgages/liens) and is free to do as they wish. The will would have no bearing on this, as it happens due to title rights.

Wilson2323,

You have exposed a common problem in second marriages, lack of estate planning. Don't be too hard on step-mom. The problem originated with your father and the lack of proper communication between you and father. Most likely everything step-mom is doing is legal. It was (most likely) her house and money to do with as fits her situation the best. Estate planning in hind sight is ugly. Learn from this and move forward. Just keep in mind that it was your fault and your father's fault for this situation, and not step-mother's fault.

I do understand that. However.. I told dad at least 3 times and he said he would. In fact he did talk to a lawyer about it, but never signed anything. What burns my behind is the fact that she witnessed the conversation with dad and I and still is going against dad's wishes. Half of that money that was put down on that house came from the death of my mom!!! $50,000!!! and she knows that too! Even after his death she said when she sells the home that she would split the sale of the home as dad wished!! WOW. I am so sadden by all of this.
Thank you for your help! and quick response! I can move on today knowing that I can't do anything else!

wilson2323 said:

I do understand that. However.. I told dad at least 3 times and he said he would. In fact he did talk to a lawyer about it, but never signed anything. What burns my behind is the fact that she witnessed the conversation with dad and I and still is going against dad's wishes. Half of that money that was put down on that house came from the death of my mom!!! $50,000!!! and she knows that too! Even after his death she said when she sells the home that she would split the sale of the home as dad wished!! WOW. I am so sadden by all of this.
Thank you for your help! and quick response! I can move on today knowing that I can't do anything else!

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These things need to be addressed at the time, in HOW they take title, not backtracked and changed after.

Again that is dad's fault for not properly determining how he shou;d establiished ownership BEFORE he took title IF he was married at the time. Or dad could have kept the 50k aside, in a seperete non comingled account and could have left if where he wished. His choice to comingle those funds into a marital asset.

It would still be worth your while to obtain a copy of the deed and, if there is any question in your mind, check with an Illinois real estate attorney to be certain that title passed automatically to her when your father passed away.

As nextwife said, if the sale had already happened, "At least no title insurer would have insured the sale." But you indicate that closing has not occurred yet and there is always the possibility that nobody has checked the property records yet and everybody is assuming that stepmother now has full ownership.

As nextwife amended my statement: It's VERY likely that she owns the property outright now. But stranger things have happened.

I guess I shouldn't ASSUME nothing.. We need to check into this title as you stated and see if Dad's name is still on title.

If his name is still on title... does it really mean anything anyway?

wilson2323 said:

I guess I shouldn't ASSUME nothing.. We need to check into this title as you stated and see if Dad's name is still on title.

If his name is still on title... does it really mean anything anyway?

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I don't want to speak definitively for Illinois and any closing requirements there...

But, as a general statement, where a co-owner receives complete ownership through a survivorship right, it is likely that the surviving co-owner would only need to produce evidence that the other co-owner has passed away - like a death certificate - and that the survivor is entitled to complete ownership.


ADDITION: I guess I could toss out what may be a real long shot (and other responders may well shoot me down in flames). That the discussions you mention created some sort of "constructive trust." Some states are more sympathetic than others to that type of argument. You would need to consult with a very experienced probate/trust attorney to see if there is even a drop of water in that bucket. Like I first said... a real long shot...

anteater said:

ADDITION: I guess I could toss out what may be a real long shot (and other responders may well shoot me down in flames). That the discussions you mention created some sort of "constructive trust." Some states are more sympathetic than others to that type of argument. You would need to consult with a very experienced probate/trust attorney to see if there is even a drop of water in that bucket. Like I first said... a real long shot...

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A trust can only give away what belongs to the person. Once the person dies, the property immediately reverts to the remaining owner. So the question of a trust would be moot.