Sisters unsure whether they have inherited aunt's condo
Q. My aunt died a few weeks ago. She owned a condominium for many years. My sister and I are trying to figure out what to do.
My aunt was never married and never had any children. Her parents are deceased and the only relative I ever knew of hers was my mom, who was her only sibling and is deceased. We are not aware of any will.
What happens now? Do me and my sister own the condominium? If so, do we need to do something to get it in our names? Do we have to go through probate?
A. Presuming your aunt did not leave a will, she is deemed to have died intestate, which simply means dying without a will. Presuming this property is in Illinois, the intestacy provisions of the Probate Act dictate ownership.
The first class of potential recipients are spouses and children. If your aunt had a husband and three kids, half the condo would go to her husband and half would be divided by the children. If she had the kids but no husband, the kids would equally share. Because your aunt died with no husband or children, we move to the next class, which is brothers, sisters and parents.
We know that your aunt's parents are deceased and her only sibling is deceased. However, her deceased sister had two children. Pursuant to probate law, you and your sister inherit the property as descendants of your aunt's sister.
What occurs next depends on your and your sister's intentions. If you wish to sell the property, you will likely be able to find a title company that will insure the transaction without formally probating the estate. This is important because if you cannot find a title company to offer your purchaser title insurance on the condo, you will most likely not be able to sell the property absent formally opening an estate. Many title companies, however, will accept an Affidavit of Heirship in lieu of formal probate. Your real estate attorney will be able to assist you with this.
If you wish to retain the property, you have a couple choices. One, do nothing, keep the property in your aunt's name and worry about the obvious title issues when you sell. Or two, hire an attorney, file a petition to probate the estate of your aunt and have you or your sister appointed administrator of the estate. Once an administrator is appointed, that person stands in the shoes of the decedent and has the same powers the decedent would have if she were alive. The administrator could then execute an administrator's deed, conveying the property to you and your sister. This is the cleaner way of approaching this, though you will pay filing fees to the court, publishing fees and attorneys fees.
I would suggest speaking to an attorney familiar with these issues to determine the best path for you and your sister.
Q. I have a tenant whose lease is up at the end of November. I emailed him and told him I was not renewing the lease. He responded by saying I had to give him 60 days notice if I did not intend to renew the lease and he can stay at least 60 days after I give him notice. Is this true?
I have had many tenants over the years and this is the first time I've heard of this.
A. I am presuming this is a written lease, as you say the lease is up at the end of November. There is nothing in the state statutes that require an owner to give a tenant notice at the end of a written lease that the lease is not being renewed, though it is certainly preferable.
Two places to check though before you can fully rely on the above. One, check the lease. Some leases do contain provisions that one or both parties must give certain notice if they don't intend to renew the lease.
Also, I would check your city or village ordinances. I am not aware of any cities or villages that have an ordinance of this nature, but then again I am not fluent in every local ordinance in the state.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tom@thomasresnicklaw.com or call (847) 359-8983.