Legal Question in Real Estate Law in Illinois

My dad died last year and I inherited a piece of real estate which is being used as a retention pond by the city it is located in. I offered to sell to the city and they refused to make an offer. Now they are suing me (the estate) to remove some garage that has been left on the property. The hearing is at the end of the month. They have also sent thousands of dollars of bills in my Father's name for property maintenance. The estate has no liquid assets my father left me no money and a house which was in foreclosure for over $400K It has been repossessed.

The estate is still open.

How do I respond in the hearing? And How do I go about getting rid of the property?

I thought about resending it; however, it looks like all that would do is put my sisters and brother in the middle of this as they would be hers if the property went back to a intestate estate.

I also have not paid taxes and I am wondering if this is away to get rid of the property?

Asked on 2/17/23, 7:51 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your dad.

There may be other facts here to be considered which are not in your question, but otherwise you have the option to just walk away. Resign as fiduciary, and let the city public administrator take over handling dad's estate and figure out what to do. Unless somehow you have other connections to the property other than being one of dad's children, this isn't your problem and it's not the problem for your brother or sisters. There is nothing for you to inherit, and you are not liable for paying dad's debts. The city has the problem here; let them figure out the solution. But since you did sign the paper agreeing to be responsible for handling the estate, this may be easier said than done. I am not a lawyer in your state and honestly you're going to have to pay to speak with a local probate lawyer to advise on the best course of action. Tough situation.

Once again, please accept my condolences on the loss of your father.

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Answered on 2/17/23, 1:07 pm

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