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quick claim deed of property but there was no will

Posted on: 16th Mar, 2009 04:29 pm
my dad died in January leaving no will. His wife quick claimed the house in the sum of one dollar sold all my dad's possesions and did not open a estate or probate, in Il if you die without a will your wife gets 50% and the living children receive the other 50% is a quick claim legal.
I did not submit my email for the quick claim deed of property but no will.
Posted on: 16th Mar, 2009 04:32 pm
Hi Guest,

As far as I know if someone dies without leaving a will in the state of Il, the property needs to go through the process of probate and the property is distributed as per Illinois Probate Act. Thus, your father's wife had no right to sell the property until the probate process was over. I think you should consult an attorney and try and reverse the deed asap.
Posted on: 17th Mar, 2009 03:57 am
Hi karen,

You have presented very little fact in your post and it is difficult for me to suggest anything of substance to resolve the issue. So, it's better if you can elaborate a bit more so I understand and comment on it.
Posted on: 17th Mar, 2009 04:00 am
I posted yesterday a question regarding quick claim deed and no will. In short my dad died leaving no will. His wife has quck claim his property for the sum of one dollar no warranty deed, she did not file a probate or estate. her name was on a quick claim deed my dad did in 1991. However in Il if you die without a will half of the estate goes to his surviveing children. she cleaned out his personal property and CD's. Aution everything and did not contact his serviving children. We think there was a will. She say's no. How can we find out if one exsisted and what should I do. Can we hold her resposible for half of the assesd value. She quick claimed it for one dollar. Do I need a death certificate on my dad. Thank you for helping
Posted on: 17th Mar, 2009 07:51 am
Hi Karen,

This query has already been discussed on the following page:
http://www.mortgagefit.com/quitclaim/deceasedfather-nowill.html
Posted on: 18th Mar, 2009 01:33 am
my aunt died and quick deed my house to me. i put the down payment down . should i tell the mortgage company that she pass away if so i have bad credit. would have to finance the house. by michigan law :?:
Posted on: 04th Apr, 2009 10:57 am
welcome house,

in my opinion, you should inform the lender about your aunt's death. moreover, it is very important to notify the lender about the transfer of property. but as you have bad credit, it would be difficult for you to refinance it. you can try out the option of novation in this case which is also a way to transfer the mortgage in your name.
Posted on: 05th Apr, 2009 10:24 pm
property was in pa .
my better half had no will
what will happen to property
Posted on: 12th Aug, 2009 12:13 pm
Hi missmuncy,

You will have to file an affidavit of heirship at the county recorder's office where the property is located and transfer it in your name. You will also have to submit your husband's death certificate at the county recorder's office.

Thanks
Posted on: 12th Aug, 2009 10:51 pm
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