10M // Real Estate & Home Builders Guide // October 2017
Without a will, aunt’s inheritance
‘wishes’ don’t hold up to the law
By Ilyce Glink and Samuel J. Tamkin
Tribune Content Agency
Q
: My aunt left me her house when she
passed away, but she didn’t have a
will and we didn’t have any papers signed
to state that she wanted me to have it. She
told my cousin that she wanted me to have
it. My cousin was over my aunt’s affairs.
Where do I start to try to get the deed to
the house put in my name?
: The first thing you should know is
that you have no legal right to the
home. Laws relating to who gets property
after the death of a loved one are based on
probate rules and non-probate rules.
The state has an interest in making
sure that property from a deceased person
is distributed according to that person’s
wishes, but those wishes must be stated
in writing in a will. Without a will, the
property owned by that person will go to
people as designated by statute for estates
where no will exists.
You can understand why state laws
are rather strict about the distribution
of property after a person has died. The
person who had the most to say about the
distribution is no longer around, and those
who survive her may disagree on what she
said or intended.
For these reasons, the rules relating
to wills are quite strict. Wills need to be
written, be specific and have a number of
witnesses (the number depends varies by
state). Finally, a will must be notarized.
Your aunt didn’t have a will. Thus, the
most important question is whether all of
her survivors agree that you should get
the house. If they agree, you might have
A
C OUNTRY
P REFERRED ,
R EALTORS
Formerly Coldwell Banker Preferred Group
several choices on how to take possession
of the home. One may be to go to the
probate court and motion the court to have
the property go to you. You might need the
help of an attorney, and you will probably
need the living relatives to work with you
to get all of this done.
The other option might be for you to
talk to a title company or settlement agent
and see what options they offer a person
like you. It may be that the title company
or settlement agent is willing to insure
title in your name if all the living relatives
sign a deed conveying any interest they
may have in the property to you. The title
company or settlement agent may charge
you an additional fee, but their system
may be the most efficient in transferring
ownership of the property to you.
One last caution: We don’t know how
many other relatives are around who might
challenge your receipt of the property.
While your cousin may wish to cooperate
with you and understands that your aunt’s
wishes were for you to get the property,
other family members may feel that they
are entitled to the property and may not be
willing to give up their rights.
Good luck and we hope things work out
for you.
Ilyce Glink is the creator of an 18-part
webinar+ebook series called “The
Intentional Investor: How to be wildly
successful in real estate,” as well as the
author of many books on real estate. She
also hosts the “Real Estate Minute,” on
her YouTube channel. Samuel J. Tamkin
is a Chicago-based real estate attorney.
Contact Ilyce and Sam through her
website, ThinkGlink.com.
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