Legal Question in Wills and Trusts in Illinois

After the death of a loved one, is one heir allowed to "stay" in the home of the deceased and forbid the only other heir to not enter the residence?


Asked on 3/02/12, 10:23 am

2 Answers from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

No, but only if both are only "heirs." It's a different story if one of the heirs is also an Executor or Trustee (or holds certain other titles).

If you are entitled to a share of the home, then you should speak to an attorney about how to best defend your interests. Feel free to call me for a free consultation.

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Answered on 3/02/12, 10:54 am
Henry Repay Law Offices of Henry Repay

This may depend on the terms of the will, but all other things being equal, no. You should arrange an appointment with an attorney who practices in the the area where the loved one resided. If you are expecting funds from the estate, you should be able to locate an attorney who will work with you, if necessary, concerning the time of payment.

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Answered on 3/02/12, 11:03 am


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