Answers by Sarah Lareau

Hi Justine, It’s understandable to be curious, and you’re not alone—this is a sensitive topic, but planning ahead can make a world of difference. While I can’t give legal advice, I can share some general information that may help guide the conversation. When someone passes away, what happens to their home depends on how the property is titled and if there’s an estate plan in place, such as a will or a trust. Here are a few common scenarios: No Will (Intestate): If your parent (or you) pass without a will, the home will likely go through probate—a court-supervised process where assets are distributed according to state laws. In Illinois, this typically involves splitting assets among close relatives. With a Will: If your parent has a will, it will specify who inherits the home. However, the will still needs to go through probate unless other measures are in place. Joint Ownership or Rights of Survivorship: If the home is jointly owned with someone else, it may pass directly to the co-owner without probate, depending on how the deed is structured. Living Trust: A trust can help avoid probate and provide a clear, private plan for transferring the property. To avoid misunderstandings, you and your parent may want to have a conversation (when they’re comfortable) about whether they’ve made any legal arrangements. It’s not about “wishing” anything—it’s about preparing so that you don’t face unnecessary stress during a difficult time. Consider connecting with an estate planning attorney in Illinois, as they’ll understand specific state laws and options. I’m based in Texas, but there are plenty of resources available locally. Best of luck navigating this important discussion!