Legal Question in Real Estate Law in Illinois

Essentially, the individual would be a tenant. Notice would need to be given, and if the individual refused to leave, the children could file suit to remove him or her. There are numerous matters to consider before conveying your property to your children. I would suggest that you discuss the options and ramifications with a real estate or estate planning attorney before you do anything.

I agree with Mr. Moens that the most likely scenario is this is a month-to-month tenancy. HOWEVER, because "sign over" can mean anything including a deed that could have given the significant other a continued life estate, and there could be some other document you haven't mentioned or you don't know about yet, and that could include a trust or will she may have left giving her significant other some other rights to continued occupancy that conflicts with the deed, or some other kind of agreement that survives her death. PS "estate planning" also means "probate".