Legal Question in Wills and Trusts in Illinois

My father set up a life estate for his wife and two children. The state wants to purchase a piece of the property. If one of the parties do not want to sell can the state foreclose a life estate?

Asked on 1/28/19, 10:54 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Probably--through the law of eminent domain the state can force a sale, compensating the wife and children for the value of the life estate taken, and to the remainder persons the value of the remainder interest.

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Answered on 1/28/19, 11:04 am
Henry Repay Law Offices of Henry Repay

This would fall under Eminent Domain. The state likely can take the land, but fair compensation would be due the "owners," which would include the life tenants, as well as the ultimate recipient of the property.

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Answered on 1/28/19, 11:24 am

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