Can a lone heir to a house prevent the house from being possessed for back taxes by going to probate court? 2 Answers as of February 25, 2016

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
The purchaser of real estate taxes at a tax sale must follow a precise procedure to obtain title and ultimately possession of the real property. You should meet with an attorney to review the steps taken by the tax purchaser to date and what steps remain. Time is of the essence. The tax purchaser can exercise rights to ownership arising from the purchase of past due taxes at a tax sale. Such rights can be asserted against the estate of the deceased property owner. Opening a probate, having an estate representative appointed, and redeeming the tax sale will prevent the tax purchaser from gaining title to the real property but it must be done in a timely manner. At some point an estimate of redemption will have to be obtained and the taxes sold redeemed. You should meet with an attorney right away to determine what needs to be done and how much time remains to accomplish what needs to be done in order to preserve the real property.
Answer Applies to: Illinois
Replied: 2/25/2016
Shimberg and Crohn, P.C. | Jonathan Shimberg
No. The taxes have to be paid.
Answer Applies to: Illinois
Replied: 2/25/2016
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