Legal Question in Real Estate Law in Illinois
Evicting brother
My mother owns a home (free and clear) and the property is in trust. Dad passed away May, 2007. We are going to need to sell the home soon because mother has alzheimer's and will not be able to care for herself in the near future. My parents allowed by brother (48, alcoholic, unemployed) to live with them for the last 8 years. He does not currently pay rent nor has he ever. My sister and I have POA for mom. My brother thinks once the home is sold he ''gets his piece of the pie''. We have informed him any proceeds from the sale goes to caring for mom. He has refused to leave the house and demands we give him his share and once the house is sold he is ''our problem''. He claims he is 'owed' because is is caring for mom. All he currently does is make sure mom eats and takes her meds. My sister and I are in contact with mom daily by phone or in person. Does he have any kind of claim being her caregiver? Also, how do we deal with him once the house is sold?
Thanks for your time on this touchy subject!
2 Answers from Attorneys
Re: Evicting brother
You definitely need the help of a lawyer. First, in my opinion, you need to create a Guardianship estate. From there, an FE&D. Not too complicated, but time consuming. Been there, done that.
Re: Evicting brother
This is similar to a question that was asked yesterday.
You may want to think twice before you do anything. Mom can qualify for medicaid to pay for the nursing home fairly easily if the house is conveyed "given" to your brother sold and the proceeds divided.
The proceeds from the sale of the house (less your brother's share) could be used for creature comforts for mom like, cable TV, extra diapers, trips outside the nursing home, new clothes, trips to the beautician etc.
The alternative would be to use the proceeds from the sale of the home to pay the private pay rate at the nursing home, usually about $6000.00 a month. This burns money really quickly, and you won't have that extra money for mom later.
To remove your brother, the trustee serve him with a 30 day notice and have him evicted.
I know this is all complicated email or call me if you have any questions.
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