Can I Avoid Probate Proceedings? - Wholesale Deal - Chicago

[Eric Liebich]

Hi all,

I'm working on a wholesale deal in Cook County, and I'd certainly love any input from anyone that has experience with similar deals. Details below. Thanks!

- Lead came in through a postcard mailing. The person that called is the brother of the homeowner listed on the tax records. In speaking with the brother he informed me that the owner passed away last year, and that he has been his brothers care taker. He also informed me that:

- His brother did not have a will in place, and there are 4 or 5 siblings including him.

- They have not spoken with a probate attorney, however, the siblings are currently writing up an affidavit stating that they will all sign stating that the brother I spoke with was the care taker and is the decision maker for the property.

- There is a tenant living in the house, however, no lease agreement was ever signed.

My questions are:

- Is there a way to avoid probate if there is not a will in place?

- Will a signed affidavit from the siblings have any legal merit whatsoever, allowing them to sign off on the sale of the property?

- What rights does the tenant have after the sale of the property if no lease agreement is in place?

[Paul Amegatcher]

In all fairness you should talk to a lawyer on this.  The advise you receive on here may not be accurate or state specific.  This is a specialized field and you need a pro to help you. Just my two cents.