My mom is a sweet woman, but she’s far from savvy. She doesn’t work and hasn’t for years, she lives with a family member (none of the parties mentioned here though), and I am certain her credit is far too poor for her to ever qualify for a mortgage. And heck, if she could get the mortgage, she’d be completely dependent on rent to pay it, leaving no cushion for normal landlord expenses.
In my mind, literally the worst thing that could happen here (short of me having to pay $165,000 in a judgment) is my mom having to pay something here. She literally doesn’t even have the means to retain council. That said, if they got a judgment against her, there’s literally nothing for them to levy to get the money anyway. Myself and my uncle though? We do work, we own things, and we both have decent credit. If I had to guess, I’d say he makes about $150,000 a year to my $50k or so. He owns a home, I don’t. He owns 2 or 3 cars, plus at least as many motorcycles— I don’t personally own any vehicles. My income mostly is from corporate dividends, whereas his is wages— which says to me he’s the one that would get levied here for any judgment, not me.
Anyway, I’m just babbling here. Thank you all for babbling along with me. It’s interesting discussing all of this.
You should talk to your attorney as to whether you were properly served. I’m not certain you were: in general, you must be served personally or at your residence (on a family member or a person over 13 who lives with you). Service on a relative but not at you home could be insufficient.
This will just mean that they will re-serve, but the thirty days runs from proper service. So it will buy you some time.
Again, talk to your attorney about these jurisdictional points.
My manhood is beyond dispute and doesn’t need defending, particularly from you, but if you say that you were being hypothetical, I’ll take you at your word.
My guy here locally just advised me to retain someone in Illinois. Anybody have any recommendations for me? We’re talking Chicago area, out in the suburbs (Downers Grove/ Naperville/ etc). Or how to find a decent lawyer? Goddamnit. . .
Am I the only one that thinks the house could have been a non-probate asset? A revocable Trust? A Joint Tenancy With Right of Survivorship deed?
Discussion of said theory spoilered because it’s long, boring, and, most likely wrong.
I can see two relatively common possibilities. First, a house can be left in a revocable trust to pass at death. The revocable trust is actually a popular method of disposing of property, because [foggy remembrance] non-probate assets don’t count towards the estate tax dollar-value limit and you can revise the terms as much as you like.[/fr] If granny hated the gubmint even more than you, perhaps she took steps to keep it from being taxed by entrusting it – in a manner intended to induce maximum rancor in the family. Bonus!
Or, it can be deeded in joint tenancy with right of survivorship. That means its deeded to two or more people as joint owners, and whoever’s left alive at the end owns it all. Better yet for evil grannies, everyone not named as JTWRS is barred from inheriting any interest in the house. In at least some jurisdictions, co-tenants (co-owners) don’t have to agree to co-ownership or even know about it. I had a client who had been told she would “inherit” the house and had no idea she was presently the 1/3 owner, jointly with the still-living parent and a sibling.
In either case, there is no probate process and the transfer happens by operation of law (without any human interferance).
Now the chances that mean ol’ grandma entrusted or deeded her house to a distant and hated relation are rather slim, but believe you me, stranger things have happened.
Am I crazy here?
Damnit, where’s my “Examples and Explanations”…??
Anyway, every state that I’m aware of and most large cities have a referral service offered as service by the Bar association. Here ya go: Illinois State Bar Ass’n Laywer Referral Service
or Chicago Bar Lawyer Referral Service.
My mom was recently able to resolve a dispute that had been weighing greatly on her mind with a $30 referral consultation from a Bar Association and came away very happy. Not every problem can be resolved so quickly but many can when you talk to someone familiar with the subject matter.
I always wanted one of these.
explanation for nonlawyers: Law School Property class essay questions generally involve a mythical (and apparently tremendously desirable) parcel of land called Blackacre, the death of a shadowdy figure named O, and a long, perplexing battle of rights, the description of which takes up an entire single-spaced page. And ends with the question: “Who owns Blackacre?”
DiosaBellisima - Dinsdale is a lawyer and was living in Chicago, though he’s now moved and is a judge. If you PM him, he might be able to give you a name of someone to represent you.
I think that it might be in a Trust of some description as well. "UNKNOWN SUCCESSOR TRUSTEE, AS TRUSTEE UNDER [grandmother] DECLARATION OF TRUST, DATED xx/xx/xx; appears in the caption provided by Diosa. I think that there is a possibility that Diosa’s grandmother had a living trust of some description and that she may have filed a deed transferring the house into the Trust.
I think that it is less likely that she added her two kids and grand kids to the deed, just because something like that can’t be undone easily.
Diosa, just a point that I can’t follow in your original post (I have read the responses but can’t see a reference to it).
You mention when your Grandmother died you found out about it on FB and then contacted your Uncle. However, you speak to your mother- wouldn’t she have known about your Grandmothers death? (This has no bearing on the advice btw).
My mother and grandmother rather famously had a bad relationship for my mom’s entire life. Grandma was awful in general, but her less awful qualities. . . well, let me put it this way: I suspect the source of their contempt for one another is that they were too much alike. The primary difference is that my mom doesn’t have a malicious bone in her body, while grandma was all malicious.
My mom found out from me, after I found out through Facebook.
Uncle left me a voicemail last night after my mom called and told him I was advised to get an attorney. In his message, he said he called GMAC’s attorney again and left a voicemail, and “left a message with the lady attorney who handled grandma’s will.” So, uh, apparently there is a will now? Da fuq?
I’ve chatted with a few attorneys since yesterday and I’ve been quoted fees ranging from $300-$3500, depending on the attorney. Sigh.
My dad died intestate and the ex-wife (his third) got caught trying to steal the estate from him on his deathbed but the judge to not piss her off appointed her executrix.. Since my sister and I were the obvious heirs, our attorney did an awesome job and didn’t charge us (an extremely fair fee) until the executrix cut us a check.
Maybe you can find a similar deal if there is equity in the house.
Question for Illinois lawyers: Can someone be the executor for an estate they are heir to?
I was actually curious if this was the type of thing that’s ever handled on contingency. I mean, assuming I wanted to shake things up (which I’m not sure I do).
Strangely enough, after the retainer the likelihood of your attorney working on contingency and cutting a good fee rate for you is directly proportional to how much the other side (GMAC & your uncle) pisses them off.
I’m pretty sure that’s common, and know that when my grandfather died (in Wisconsin), he had appointed one of his (inheriting) daughters as the executrix on his will.
appointed her executrix.. Since my sister and I were the obvious heirs, our attorney did an awesome job and didn’t charge us (an extremely fair fee) until the executrix cut us a check.