Legal Question in Wills and Trusts in Illinois
My sisterinlaw died 2 years ago. My brother inlaw has lived in the house, which was in my sisterinlaws name. He has not made a payment in 1 1/2 years and has a court date to vacate. They have 3 adult sons and a minor daughter, who lives with me. One of the sons received a call from someone at the court house that says they all need to be at the court date Dec. 23rd because they are 50% responsible and my brotherinlaw is 50% responsible. Is this correct? And if it is, is my niece responsible even though she is a minor?
1 Answer from Attorneys
From your fact pattern, I would guess that your sister-in-law died without a will.
In Illinois, without a will, the laws state that the property passes 1/2 to the surviving spouse and 1/2 to the children.
It is, therefore, correct that the children are 50% responsible for the costs of maintaining the house because they inherited 50% of the asset.
On the other hand, they are also entitled to receive past rent from the brother-in-law who was using 100% of the house. If the house is sold for more than the mortgage and other liabilities, the children can offset the brother-in-law's share of the proceeds by the rents owed to them.
It would be a good idea for the children to collectively consult with an attorney to determine their rights.
Good luck to you.
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