Legal Question in Real Estate Law in Illinois

First off. I have no money, I mean, I have $60 in the bank, so I can't pay anyone for advice. My question is-I live in my great aunt's home, and have for 12 years. She is sickly, and the next time she goes to the hospital, she won't be coming home. My aunt has power of attorney and will probably try to kick me out of here as soon as possible. Do I have any rights in regards to this building?


Asked on 8/31/10, 12:25 pm

3 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

If you have a written document granting you rights, like a rental agreement, then your aunt cannot make you leave as long as the agreement is in force.

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Answered on 9/05/10, 3:20 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

If there is no written agreement, your Aunt will need to give you proper notice before she can start eviction proceedings.

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Answered on 9/10/10, 5:53 am

The terms "great aunt" and "aunt" are not clear enough. Because if they are not mother and daughter, then if you are related by blood to your "great aunt" but your "aunt" is not, you may an heir to the estate of your "great aunt" if she dies without a will because direct descendents come before collateral ones under Illinois law. Otherwise, your "aunt" may be next in line to inherit and then you're back to what the other attorneys above said. SO at the very least it would pay for you to be very clear about the relationships going on here.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 9/10/10, 10:41 am


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