Legal Question in Wills and Trusts in Illinois

Life estate?

My father remarried (he was married to my Mom for over forty years)and he recently passed away this year.

He was married to his second wife for 4 years.

In his will (I am the executor)he left her Life Estate, the house still belongs to the children.

Also she is 71 years old, but her family has a history of living up into the 90s.

What I was wondering is there any way to get her to move out of the house?

Asked on 11/07/05, 2:15 pm

2 Answers from Attorneys

George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Life estate?

The answer to your question is "no." You will get possession and use of the house after she dies.

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Answered on 11/08/05, 9:30 am

Mark Banks-Golub Attorney at Law

Re: Life estate?

Ypu and the other choldren can buy her a new house, or buy her life estate out at a negotiated price.

You should be aware that as executor of your father's estate, should you offer to buy out her interest in the house, you have a fiduciary duty to pay her a fair, arm's-length price.

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Answered on 11/07/05, 2:45 pm

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