Is it his house his new wife’s or does it go back to his ex-wife if my father's ex-wife signed a quit claim deed when they divorced? 2 Answers as of February 08, 2016

He has since remarried and passed away. The only record on file at the government building is the quit claim deed with his ex-wife's signature. My brother currently resides in this house and his new wife says it's hers because there is no will.

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
If your father was the sole owner of the house when he died then a probate must be opened to transfer the house to his proper heirs. If your father died without a will then the statute on descent and distribution controls the disposition of his assets, including the house. All claims against the estate must be paid before any assets can be distributed. If the house does not have to be sold to pay the claims against the estate then it can be distributed along with the other assets in the estate, either in kind or sold and the net proceeds divided among the heirs. If your father was married at the time of his death then his assets are to be divided ? to the spouse and ? half divided equally among his children. If one of the children predeceased the father then the deceased child's share would be divided among the descendants of the deceased child, if any.
Answer Applies to: Illinois
Replied: 2/8/2016
Shimberg and Crohn, P.C. | Jonathan Shimberg
If at the time of the death the house was in H name only, he had no will, it passes to his heirs. That would include his current wife and any children he had, including you. She does not get the house alone.
Answer Applies to: Illinois
Replied: 2/8/2016
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