Legal Question in Wills and Trusts in Illinois

My mother passed away and i lived with her. i am the executor of her will. the house was not mentioned in the will. but it doesn say to split the estate with my brothers. do i have to sell the house or buy to stay there even if it was my legal residence?


Asked on 8/25/11, 12:25 pm

1 Answer from Attorneys

Gregory Turza Law Offices of Gregory P Turza

A house is not usually mentioned in a will unless the decedent wanted it to go to a particular beneficiary. Usually there is a clause that says something like "all the rest, residue, and remainder of my estate shall be distributed to [beneficiaries]". This is called a residuary clause. If your mother's will had none (very unusual but I have seen it) then the house will go to your mother's heirs, that is, you and your siblings. The fact that it is your legal residence does not help you. If your siblings will not agree to be bought out you will have to sell and divide the proceeds. While it is being sold you will have to pay them fair rent for their share that they now own from date of death forward. They may not claim it but they are entitled. The expenses such as real estate taxes and insurance should be paid by your mother's estate. None of this is legal advice. If you would like more information feel free to visit my website: www.legacylaws.com.

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Answered on 8/25/11, 12:45 pm


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