State Specific Question About: ILLINOIS (IL)

Hello,

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.

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.

All,

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!

Seek legal advice.

This situation has spun out of control.

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.

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.

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

Sid/Hoosier,

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.