Can she leave me the house when she passes without having to look for my stepdad’s kids? 1 Answers as of November 03, 2016

My stepfather passed almost 20 years ago before he could add mom to the deed. Mom has paid the bills and the house payments for 25 years. Since I live with her, she wants me to still have a home where my sisters and his kids can’t try to kick me out and sell it.

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
You do not state whether your step-father had a Will. Assuming he did not have a Will, his spouse and his children would be the co-owners of the property by the rules of descent and distribution at his death. Your mother, as spouse, has a 50% ownership interest in the house. She can create a will that would give you her entire interest at her death. She should see an attorney to create and execute a Will. She should also see an attorney to evaluate whether or not the facts and circumstances of her residing in the house since her husband's death support bringing an action for adverse possession. A successful adverse possession suit could result in her establishing ownership of the entire ownership interest in the house.
Answer Applies to: Illinois
Replied: 11/3/2016
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