Legal Question in Real Estate Law in Illinois
My mother died 2 years ago and left the house to me and my sister. I live in the home in Chicago Illinois and have for the past 40 years with my mother. My sister lives in Baltomore, MD. My mother put the home in a trust with joint tenancy in both me and my sisters names. I have been paying for all expenses, upkeep and imptovements and utilities. I want to sell the home to move to another state and my sister tells me she does not want me to sell the home. What are my options?
2 Answers from Attorneys
Either she can agree to sell or you can sell her your share or you may have to file a lawsuit for partition-a fancy way of saying you can file a lawsuit that ultimately forces a sale. However, I would be sure to have a lawyer review the terms of the trust before doing anything if she will not agree.
Being in trust and being in joint tenancy are potentially totally different things. If there's a trust then someone has to look to see how it can be changed, if at all. If it is not in "trust" but it was simply given to you two in joint tenancy, then partition may be your only way "out".
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