Sign IT Over

[SEMAJ]

What is the name of your state? Illinois. My dad died some months back in Illinois. He and his sister lived together. My dad owned a house in his name only. He did not leave a will. His house was not completely paid for, he still has a mortgage. His sister my aunt has continued to make the mortgage payments. Now my aunt and her attorney are handling his estate through small estate administration. The attorney has mailed me a Quit Claim Deed to sign my rights to the property over to my aunt. My dad had some credit card debt and medical expenses. If i sign the Quit Claim Deed and the creditors are not paid from his estate can i be held liable later for his debts.

 

[recycbride]

Had to put my 2 cents in--From what you have said, it appears to me, unless the title of the home was in both his name and his sister's name your aunt has no claim to the property. Unless he would have had a will and left the property to her she is SOL. On the other hand, you, being his child have the right to do what you want with the property (and any other children your dad might have had). His children would be first in line to inherit his assets. Hope someone with some legal know-how will respond to your question.

 

[Pfaffing85690]

You take that quit claim deed to YOUR attorney, have your probate attorney file the probate and see if the house equity will offset the debts of the estate. If so, then you can tell dear auntie to make you an offer on the home.

If not, then YOUR attorney needs to probate the estate intestate, sell the home and close out the estate.

That's a hint.

 

[recycbride]

PHal

Way to go---my sentiments exactly!! Seems to me dear old auntie is trying to screw the kid (kids)

 

[Pfaffing85690]

Seems to me dear old auntie is trying to screw the kid

That's only legal in San Francisco.

 

[recycbride]

pfa

LOL--You know I didn't mean that literally--I meant monetarily.