Legal Question in Landlord & Tenant Law in Illinois

My relative, I will call him Uncle John, moved into my dad's house, uninvited, shortly after my dad passed away. My dad's house is in Illinois. Dad's will states clearly that the house is to be sold and the money equally divided between my uncle and 3 other relatives including myself. Uncle John feels he should get the whole house because he has less savings that the rest of us named in the will. None of us are rich and some of us are hurting financially and could really use the money from the sale of the house. Uncle John is not destitute and already has a place to live. The house is technically proper of my dad's estate. Uncle John does not pay rent to the estate nor has any rental agreement or lease with the estate. We need him to move back to his own place as soon as possible so that we can get the house in order to put it on the market. He is smoking in the house and it is spoiling what had previously been a smoke free home, thus reducing the property value. Our questions: 1. How long does it take to evict someone in the state of Illinois in a situation like this? 2. What is involved? 3. Do we have any other legal options to get him out of the house? Reasoning does NOT work. Thanks for your help!

Asked on 8/12/14, 12:10 pm

Elfreda Dockery Law Office of Elfreda Dockery

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you need to hire a lawyer to probate the estate. the attorney representing the estate will assist the administrator in resolving these issues.

Answered on 8/12/14, 1:08 pm

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