Family Member Eviction
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Family Member Eviction (by JP [IL]) Apr 23, 2021 3:49 PM
       Family Member Eviction (by S i d [MO]) Apr 23, 2021 3:55 PM
       Family Member Eviction (by Jim In O C [CA]) Apr 23, 2021 3:58 PM
       Family Member Eviction (by JP [IL]) Apr 23, 2021 6:31 PM
       Family Member Eviction (by Nicole [PA]) Apr 23, 2021 11:18 PM
       Family Member Eviction (by RB [MI]) Apr 24, 2021 6:59 AM
       Family Member Eviction (by DJ [VA]) Apr 24, 2021 9:08 AM
       Family Member Eviction (by JP [IL]) Apr 24, 2021 4:28 PM
       Family Member Eviction (by Ken [NY]) Apr 24, 2021 4:35 PM
       Family Member Eviction (by Hoosier [IN]) Apr 24, 2021 5:10 PM
       Family Member Eviction (by Ray-N-Pa [PA]) Apr 25, 2021 7:22 PM

Family Member Eviction (by JP [IL]) Posted on: Apr 23, 2021 3:49 PM

State Specific Question About: ILLINOIS (IL)


We have been left a price of property in a land trust after our parents passed away.

The property has a elderly family member there that just wants to live in the house and has been living there for probably 30 or more years.

The family member stole our parents jewelry and cash without permission and wants to continue living there at no expenses - we feel that the family member will pay the bills in case the utilities get shutdown but we do not want this person living there anymore and we want the person out so that we can sell and move on.

There is no lease agreement and is just an occupant of the home and the person was left with no money.

She will not even allow us into the home to gather our belongings and other papers such as the Will or other important papers such as the death certificate and has changed the locked doors.

Is this possible to evict or will this be denied since the person has lived there for such a long time?

Family Member Eviction (by S i d [MO]) Posted on: Apr 23, 2021 3:55 PM

Okay, first off I'm confused. Need some help clarifying what is going on.

1) Who is "this person" who is living in the house now? Sister, Aunt, Cousin, etc?

2) What do you mean she "stole the jewelry and cash without permission?" Is there a way to steal stuff WITH permission?

3) You say "we feel the family member will pay the bills"....then you say "the person was left with no money." How do you pay bills with no money?

4) Why are you Will and important papers in a house you weren't even living in?

This whole scenario has a level of family weirdness beyond most family weirdness levels, but here's what I would do (and why) if I were in your shoes.

Go over there and get your stuff. Bring her a pizza or whatever it takes to get in the front door and just let her know you need your stuff and you'll be gone.

If you are the owners of record and there is nol ease, then she is living on a Month to Month agreement. Give her 30 days written notice, and if she doesn't move out by then, file eviction with an attorney. Family deals are a mess to begin with, so there's no point trying to cheap out and DIY eviction when your emotions will be wrapped tighter than copper wire in an alternator.

To my knowledge, you can living in a house for over 99 years and still be evicted by the lawful owner after proper legal notice has been given.

Family Member Eviction (by Jim In O C [CA]) Posted on: Apr 23, 2021 3:58 PM

Eviction lawyer time. You have no other choice.

Family Member Eviction (by JP [IL]) Posted on: Apr 23, 2021 6:31 PM


Sorry I had a duplicate post. The first time the system gave me an error message but I guess it posted the question anyway, but here are some more details:

Thanks all,

We will get an eviction lawyer to start the process. We think she has lost her marbles by the way things have been happening.

Basically, the day after my dad died she went to his condo and stole 24K CASH (all legal) and claims its just "hers".

The Will said that we have to sell 2 of the 3 properties and pay for her utilities and maintenance of the property for life. But the 3 properties were all in a Land Trust so the Will clause is invective and we do not have to go to Probate as the remainder of the bank money was all less than 100K.

originally we were OK with paying for the utilities etc but she doesn't want to spend the money she stole but just we pay from inheritance. The probate lawyers says that since his estate was basically the 3 properties and that they were in a land trust (for me and my sister - not the leech in the property) basically makes that clause ineffective since the clause pertained to the properties.

This sounds about right to us. Hopefully we can evict even with that clause in place?

Thanks too all that responded!

p.s. there is a LOT of weirdness here I know, nothing that I want or ever wanted but some people live for drama and hurting others and this is what is happening here. They also took my fathers ado watch which I wanted as a keepsake and also my mothers jewelry. My guess is to sell and get money from. --73.157.xx.xx

Family Member Eviction (by Nicole [PA]) Posted on: Apr 23, 2021 11:18 PM

have your attorney deal with this. It sounds like she has a life estate and you are obligated to maintain the property and pay the utilities. If so, a lawyer probably can't help you much. Cash for keys would be the way to go for you but for her, why should she go anywhere?

Family Member Eviction (by RB [MI]) Posted on: Apr 24, 2021 6:59 AM

Seek legal advice.

This situation has spun out of control.

Family Member Eviction (by DJ [VA]) Posted on: Apr 24, 2021 9:08 AM

First, my condolences on the loss of your father.

Take all the information you have received from the estate attorney and pass on copies to the best, most experienced eviction attorney you can find in your area. Be prepared to pay $$, but it will come from the estate - not your pocket.

Ask him/her to contact you with updates once in a while & tell you when it is vacant.

I'm guessing the "leech" already isn't socializing with you / coming over for T-Giving dinner, so no loss for the family dynamics and harmony.

Go live your life the best you can, not losing sleep over it.

Family Member Eviction (by JP [IL]) Posted on: Apr 24, 2021 4:28 PM

There is a life estate on the will giving the occupant life long living plus the estate has to pay the bills and utilities for life.

However the land trust that was setup the occupant the occupant was not included.

From our understanding the Land Trust will overright the life estate as the properties were owned by the trust and not my father.

Does this sound right? --73.157.xx.xx

Family Member Eviction (by Ken [NY]) Posted on: Apr 24, 2021 4:35 PM

JP, yes that should be correct. your dad did not own it so nothing to leave in his will .no different if he sold it years ago to a complete stranger and did not change the will

Family Member Eviction (by Hoosier [IN]) Posted on: Apr 24, 2021 5:10 PM

Sid, you have me cracking up laughing with the comment about stealing with permission.


Family Member Eviction (by Ray-N-Pa [PA]) Posted on: Apr 25, 2021 7:22 PM


yes there is a way to steal with permission - it is call taxes.

I am assuming that the trust the properties were in were Illinois Land Trust since you are in Illinois. It is common out there sense you have them mega farms. It is incredibly common in these revocable land trust to assign successor trustee and beneficiaries. This is revocable as you can buy and sell real estate. I am wondering if the successor was an irrevocable living trust of the old trustee. irrevocable because after one passes, they are not coming back.

In making this twist the beneficial interest shifts from real property to personal property.

You not only need an eviction attorney but a probate attorney - one that knows land trust. I am not sure if you can evict someone with a living estate in a place. I think you are setting yourself up for some learning at $250/ hour --24.154.xx.x

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