Legal Question in Wills and Trusts in Illinois
Squatters Law
Is it true that if my brother is living with my elderly mother(but does not pay anything) and she should die without a Will he would receive her house and everything? their are 3 other siblings. if this is true what can we do
2 Answers from Attorneys
Re: Squatters Law
No. His living in the home means nothing. If there's no will, then your mother's estate would be subject to intestacy laws whereby if there's no spouse, anything she owned individually would go to the four siblings equally.
Re: Squatters Law
If your mother died without a will, and the house is titled in her name only (something you will want to check on), then the house would go to her 4 children in equal shares (assuming she is not married).
If he wants to continue to live in the house after her passing, then, unless you would allow him to live rent-free, he would have to pay rent to you and his other siblings.
This answer does not constitute legal advice. Please consult with a probate lawyer before taking any action.
Good luck to you.
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