Summary
If a will specifies that your mom inherits a house, but a previous girlfriends name is on the title, the type of ownership (joint tenancy or tenancy in common) and the probate process are crucial in determining claims. Joint tenancy may grant the previous girlfriend a right of survivorship, while tenancy in common could mean she has a share based on her interest. Since your mom has started the probate process, the will can be validated, but legal advice is essential to navigate these complexities. Consulting a lawyer to review the will, property titles, and ownership type is recommended to resolve the dispute in Illinois.Full Conversation
Kasey
Hi Kasey! How can I assist you with your legal issue today?
My mom inheritated my grandmas boyfriend house. My grandma has passed and so did her boyfriend. My mom took care of him untill he died and was with my grandma for 40 years, they never did get married. It turns out that a previous girlfriends name was on the house before he was with my grandma. How much is this pervious girlfriendactually entitled too?
If the previous girlfriend's name is still on the title, she may have a legal claim to the property. Here are some factors to consider:
- Joint Tenancy or Tenancy in Common: The type of ownership determines her share.
- Will or Trust: Any documents that specify ownership.
- State Laws: Illinois law on property inheritance and co-ownership.
Has there been any legal documentation, like a will, that specifies ownership after the boyfriend’s death?
will she have any claim though?
Kasey, if the previous girlfriend's name remains on the title, she likely still has a legal claim to the property. Here are some points to consider:
- Type of Ownership: If they held the property as joint tenants, she might have a right of survivorship.
- Will or Trust: Any specific instructions in these documents would be crucial.
- Illinois Property Laws: State laws can influence the division of property.
Has your mom consulted a lawyer to review any wills, trusts, or property titles related to the house?
The will states that my mom gets the house
If the will explicitly states that your mom inherits the house, that is a strong point in her favor. However, the previous girlfriend's name on the title could complicate matters.
- Joint Tenancy: If the title is held as joint tenants, the previous girlfriend may have a right of survivorship.
- Tenancy in Common: If it’s tenancy in common, she may have a share based on her interest.
Has your mom started the probate process to validate the will?
Yes she has
Given that the will states your mom inherits the house, but the previous girlfriend's name is still on the title, there are a few key factors to consider:
- Probate Process: Since your mom has started the probate process, the will can be validated.
- Type of Ownership: The type of ownership (joint tenancy vs. tenancy in common) will impact the previous girlfriend's claim.
- Legal Advice: Consulting a lawyer to navigate these complexities is crucial.
Would you like more information on how to proceed with the probate process in Illinois?
TRY ME!
Start a new chat