Legal Question in Wills and Trusts in Illinois

I have a question about the law on some property. My mothers mother passed away in 1952 with no will. She 2 daughter and a son. My mother lived here on the property and the other two went to live out of state. She took care of her mom and got rent money on the crops all these years and after her mother passed away. They are all gone now with no will. For the past 8 years we have received crop money paid the taxes mowed the grass while other parts of the family never come around. We still receive farm money we pay the taxes keep up the farm. There is still no will but they want for the last year money we have received to keep the farm going. Are they able to receive money after we have not heard from them in the last 8 years?

Asked on 8/29/13, 7:14 am

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

The answer is "maybe." It sounds like no one every opened a probate estate to have a court declare the ownership of the property and therefore the property would arguably belong to the decendents of your grandmother, i.e. her 2 daughters and son. Each would own one third with their heirs sharing in their portion upon that heirs death.

However, this all comes with a large dose of guess work. Without a detailed investigation of all of the relevant factors its really impossible to know what each heir is entitled to. Certainly you and your family have the stronger argument and I doubt that a court will want to disturb that given the history.

You need to consult with a lawyer and allow them to try and straighten out this mess. It may cost you some money but you need to settle these claims for your own heirs.

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Answered on 8/29/13, 7:29 am

Virginia Prihoda Law Offices of Virginia Prihoda

Free Advice: Go see a lawyer in the county in which the property is located. Also, make sure you're keeping accurate records of your farming expenses.

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Answered on 8/30/13, 9:20 am

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