Legal Question in Wills and Trusts in Illinois

In 1995, my husband was presented with a real estate sale contract by his sister-in-law. The contract was made up to buy out my husband's mother's property of sixty acres. The buyers were my husband and his brother. It was to get her name off the property in case she ever did go to a rest home and the state couldn't go back on the property. In the contract, the land was purchase for such a price and the sons were to pay in installments of so much every year for 10 years. A Quit Claim Deed of Sale was done the next day after this was presented to my husband. In the contract it also states that upon the death of their mother all remianing amouts on this contact were to be forgiven. She died 3 years later at a hospital after being in a rest home for four or five months. She had a will drawn up in 1993, but it was never put into probate because she had nothing in her name at the time of her death. She was awarded to the state in 1995 and was on medicad.

The two sons now own the land because of the Quitclaim Deed. My husband's brother was named executor of his mothers estate. When the land was aguired in 1995 nothing was ever stettled between the two brothers as far as the land and building site being divided. My husband has never received any rent off this sixty acres since it was turned over to them in 1995. Also under that contract, my husband paid three installments to his mother until 1998.

We are in the process of trying to stettle the property which my brother-in-law has refused to do over the years. My husbands asked him countless times to stettle the property up and his as asked for rent on this property and his other 65 acres. His brother won't do it, so now we are taking it to a lawyer.

My question today is on that contract. We just found out a couple of weeks ago that this contract that my brother-in-law and sister-in-law had drawn up was never recorded at the court house. Can we go back on them for presenting my husband with a fraud contract that was never signed or recorded? If their mother was awarded to the state and was penniless at the time of her death, what happen to the money my husband gave her sister-in-law for the rest home bill? In 1998, my husband wrote out two checks to his mother for the 1998 instatment. The checks were filled with his mother name and signed by his sister-in-law, but she wasn't their mother poa.

We keep coming up with a lot of un answered question on how their mother's estate we handled. Can we go back on them for this being fourteen years? Thank you and a value all the advice you have given me in the past month.

2 Answers from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois

Looking for something else?