Legal Question in Wills and Trusts in Illinois

house in trust

my mom died a few years back, she left the house in trust between my 3 siblings and myself, my brother lives there and has some (issues) and they all feel sorry for him, he works full time and is single and does not put a penny into the house and pays no rent.i get nowhere trying to talk to them, i have my own family that i support, i want my 25% of the house and done with it. thanks for any help


Asked on 12/28/07, 12:46 pm

2 Answers from Attorneys

John Steele Steele Law Firm

Re: house in trust

I would have to know some more info regarding the trust. But basically, if the house is not being fairly used for the benefit of all the beneficiaries, then you can bring a legal action to settle it. It sounds like (and I don't know everything) that it might be best to sell the house, and split the proceeds.

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Answered on 12/28/07, 1:09 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: house in trust

If the house is in an Illinois land trust, there is nothing you can do. If it is in another type of trust, then the trust document controls. You may be able to do a partition as well.

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Answered on 12/28/07, 1:53 pm


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