Home sale after mom’s passing

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Home sale after mom’s passing

My mother passed away, and her house was in my mothers name, and my
sister’s name. I have 5 sisters and one brother. The sister is
selling the house right now and the sister who is on title believes
that she is entitled to all of the proceeds from the sale of the
house. Is this true? Does this mean the other 6 siblings get
nothing?

Asked on May 4, 2018 under Real Estate Law, Illinois

Answers:

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

Answered 5 years ago | Contributor

If your sister was on the title to the house as a "joint tenant with right of survivorship", then upon your mother's death, your sister was automatically vested with 100% ownership in the house. If there was no survivorship language, then they held title as "tenants in common". This means that your mother's share is now an asset of her estate and will be distributed to her benefciaries/heirs as prescribed by her Will or state law. At this point, you should consder consulting with a local real estate lawyer who can best advise you further.


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