Foreclosure in Illinois>Question Details

Johnq255, Home Buyer in Chicago, IL

My mom passed away with no will and with a mortgage on the home I am taking a few items home who pays for removal of the rest when they foreclose?

Asked by Johnq255, Chicago, IL Mon Sep 9, 2013

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Johnq255,

I'm very sorry to hear of your Mom's passing.

To answer your question as stated - the personal property items belonging to your mother will become those of the successful bidder at the foreclosure auction.

What I'm wondering (for you) is if you've done some investigative work regarding the home and your mother's financial affairs?

Although she died intestate (absent a will) you needn't throw your hands up thinking there is nothing that you can do. There is! Each state has laws regarding "decent and distribution" upon death. You need not concede the home to foreclosure if there is equity, and/or likewise divorce yourself from inheriting other assets or items of value.

Consult a probate attorney in the state where your mother lived - which may be different from where you live. Yes, you can start in Chicago, but the attorney may not be licensed to practice in a different state. Probate is an expensive process! For some the dollars make sense, for others not. There may be attorneys who will offer a free consultation. If not, spend a few bucks to determine your best option.

Good luck to you! What I have written I know "first-hand." I have walked in your shoes.
1 vote Thank Flag Link Wed Sep 18, 2013
Sorry to hear that.

Feel free to contact me with any real estate questions, I'm here to help!

Maria Ascencio
RE/MAX Platinum
(630) 945-0139
Mascencio@remax.net
0 votes Thank Flag Link Wed Sep 18, 2013
Who ever owns it after the foreclosure auction owns everything in it as well as any debts too.
0 votes Thank Flag Link Mon Sep 9, 2013
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