Legal Question in Real Estate Law in Illinois
Mother passed away 2 years ago, my father moved in with my brother, my sister who lost house through a divorce moved into fathers home less than 30 days ago. She is now not allowing any family members to come by and take care of the yard nor is she or her kids do anything (cutting grass, watering plants, ect.) Now my father wants her out how can this be done? The house is in Cook County Illinois.
2 Answers from Attorneys
This depends on his ownership situation. If your father was on title to the property in a way that gave survivorship rights and he is now the sole owner, he can follow the eviction process. If he was on title to the property in such a way that he now co-owns the property together with your mother's heirs or if he was not on title, then estate considerations will have to be addressed. Meet with an attorney the area of the property who is familiar with evictions and probate.
Has he directly told her he wants her out? What prevents the family members from mowing, hanging out or doing other things regardless what she says? She does not have any right to control the property.
You have inidcated that it is your father's house. If that is the case, he can evict her.
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