Protecting the Family Home: Why Planning Ahead Matters

“The kids will figure it out” is not an estate plan.

No one likes talking about death. It can feel uncomfortable, personal, and easy to put off. But what happens to a family home after its owner dies is a conversation worth having.

Imagine a homeowner dies, leaving several relatives with an ownership interest in the home. One wants to keep it, another wants to sell, and another cannot afford to contribute toward expenses.

What happens next?

A home filled with memories can quickly become a source of uncertainty. If ownership questions or disagreements remain unresolved, a family may struggle to make decisions about the property or access the resources needed to maintain it.

For many families, real estate is their most valuable asset. Losing an inherited home can mean losing wealth built over generations.

What Is Heirs’ Property?

Heirs’ property is family-owned real estate passed down without a will or clear title. Over time, ownership can become divided among multiple relatives, making the property more difficult to sell, finance, improve, or transfer.

As generations pass, the number of people with an ownership interest can grow. Family members may live in different places, have different priorities, or be unaware that they have an interest in the property.

The Uniform Law Commission also explains how someone can purchase a small ownership share in inherited property and then seek a court-ordered sale, potentially acquiring the property below fair market value.

What Does This Have to Do With Vacant Properties?

Local governments often discuss vacant properties in terms of maintenance, public safety, and neighborhood conditions. Understanding the ownership challenges behind a property can also be part of finding a solution.

When several family members have an interest in a home, it may be difficult to agree on who will pay for repairs, maintain the property, or make decisions about its future. If questions remain unresolved, the home may sit vacant and maintenance may be delayed.

Every vacant property has its own circumstances. However, heirs’ property is one issue communities may want to consider as they develop strategies to preserve existing homes and address blight. Connecting families with estate-planning education and legal assistance can be part of that conversation.

Illinois Has Protections for Heirs’ Property

One legal protection available to families who share ownership of inherited property is the Uniform Partition of Heirs Property Act. Illinois is among the jurisdictions that have enacted the law.

When a property qualifies, the Act helps protect each owner’s interest if a court is asked to divide or sell it. Safeguards include notice, appraisal, opportunities for other co-owners to buy out an interest, and a court-supervised sale process when a sale is necessary.

These protections can help when ownership disputes arise. Planning ahead with an attorney can also help families avoid complications in the first place.

Start the Conversation

REALTORS® can help raise awareness with a simple question:

“Have you talked with an attorney about what you would like to happen to your home in the future?”

Local governments and community partners can also connect residents with estate-planning education and legal resources.

Protecting a family’s home and wealth can help preserve neighborhood stability. We can all do more to lift up families by sharing resources, encouraging planning, and connecting people with the help they need to protect what they have worked so hard to build.

That makes this uncomfortable conversation worth having.

To learn more check out resources from the National Association of REALTORS®: “What Is Heirs’ Property?”

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Strong housing policy begins with clear data, thoughtful collaboration, and a shared commitment to expanding opportunity for every community.

—Neeley Erickson

Neeley Erickson is a Government Affairs Director specializing in housing policy, local governance, and community development across Illinois. Her work focuses on advancing practical solutions that expand housing opportunity and strengthen communities.