Legal Question in Real Estate Law in Illinois

If a homeowner signs her home over to one of her adult children before passing away, and her live in significant other is living in the home upon her passing away, how long does the live in have to move out of the unit and does the adult child have to give notice to the live in to get out of the home?


Asked on 3/13/14, 11:49 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Essentially, the individual would be a tenant. Notice would need to be given, and if the individual refused to leave, the children could file suit to remove him or her. There are numerous matters to consider before conveying your property to your children. I would suggest that you discuss the options and ramifications with a real estate or estate planning attorney before you do anything.

Read more
Answered on 3/13/14, 12:19 pm

I agree with Mr. Moens that the most likely scenario is this is a month-to-month tenancy. HOWEVER, because "sign over" can mean anything including a deed that could have given the significant other a continued life estate, and there could be some other document you haven't mentioned or you don't know about yet, and that could include a trust or will she may have left giving her significant other some other rights to continued occupancy that conflicts with the deed, or some other kind of agreement that survives her death. PS "estate planning" also means "probate".

Read more
Answered on 3/13/14, 1:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois