Property Ownership Dispute Resolution

Summary

In Illinois, property ownership without a will follows intestate succession laws, passing to closest relatives. Adverse possession requires 20 years of open, continuous, and exclusive use. Verbal real estate contracts are generally not recognized. To establish ownership, legal action to quiet title may be needed. Each heir retains their share, and disputes may require legal resolution. Consulting an Illinois attorney is advisable for personalized guidance.

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Mother owned real estate on which a trailer was located. Mother died without a will, so the only son took possession of the property.The city had an ordinance barring trailers inside the city not specifically zoned for trailers. The son did not want to deal with city officials when he took possession of the property, so he never took the deed out of his mothers name. The son then after many years sells the property to his grandson on a verbal contract for deed. The son then dies without a will. Years later the sons wife dies without a will, and the administrator of her estate claims the property as part of the wifes estate, trying to take the property from the grandson. The title is still in the mothers name, which is his great grandmother. The grandson has spent money on upkeep and paid taxes. No one else in the family has any direct financial interest in the property. What statues apply in Illinois, and how do we establish onwership.
It sounds like a complex situation, and understanding the legal process is crucial. Here's some general information that might help:
- Intestate Succession: Since your mother died without a will, Illinois intestate succession laws apply. Generally, property passes to the closest relatives, like children (your father in this case).
- Adverse Possession: If the grandson has possessed the property openly, continuously, and exclusively for a statutory period (20 years in Illinois), he may claim ownership through adverse possession.
- Verbal Contracts: Illinois law typically requires real estate contracts to be in writing, but there might be exceptions.
To establish ownership, the grandson may need to file a court action to quiet title, proving his right to the property. Given the complexities, consulting an attorney in Illinois for personalized advice is recommended.
Would you like to connect with a local lawyer to assist further?
define adverse possession
Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions. In Georgia, it typically requires:
- Open and notorious possession
- Continuous and uninterrupted use
- Exclusive possession
- Hostile or adverse claim, and
- A statutory period (usually 20 years).
Consulting an attorney can provide guidance specific to your situation.
Intestate Succession in Illinois
It looks like you're dealing with a complex property issue involving intestate succession and potential adverse possession. Here’s some general information about intestate succession in Illinois:
- Intestate Succession: When someone dies without a will in Illinois, the property is distributed according to state law. Typically, it goes to the closest relatives, such as children or spouses.
- Adverse Possession: In Illinois, a person may claim ownership if they have openly, continuously, and exclusively possessed the property for 20 years.
To establish ownership, especially given the verbal agreements and the title issues, it may be necessary to file a court action to quiet title. Given the complexities, consulting with an attorney in Illinois is advisable. Would you like to connect with a local lawyer who can assist you further?
Ok under Intestate succession: * the mother dies the only son gets property. *. the son dies, the wife gets the property. *. the wife dies does the oldest dqughter get the property?
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In Georgia, intestate succession laws govern how property is distributed when someone dies without a will. Generally, property passes to the closest relatives:
- If the mother dies, the property goes to the son.
- If the son dies, his share typically goes to the spouse.
- If the wife dies, the property usually goes to the children equally, not just the oldest daughter.
Would you like more information on intestate succession in Georgia?
This is Illinois
Case Rating: *
It seems like the legal issue involves intestate succession and property rights. While the intestate rules can vary, generally, after the mother's death, property would pass to the son. Upon the son's death, it typically would pass to the spouse. If both spouses are deceased without a will, the property generally passes equally to all children, not just the oldest daughter, according to Illinois law.
Would you like more detailed information on intestate succession in Illinois?
Therefore the eldest daughter has a */* ownership to the property and gives it to her son ,which is the only person with money invested in the property, would not have priorty over the other two heirs?
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In Illinois, if the eldest daughter has a */* ownership, she can transfer her share to her son. However, this does not give him priority over other heirs. Each heir retains their share of ownership. Legal action may be needed to resolve disputes. Would you like more information on this?