Legal Question in Wills and Trusts in Illinois
My 2 sisters and I strongly believe that our alcoholic brother will try to take possession of my dad's house once my father dies against the terms of my dad's will. My father is 91. The will states clearly that all property and assets are to be divided equally between the 4 children. My sisters and I feel that, should the house wind up being equal in value to 1/4th of the total estate, my brother is welcome to the house, but if it is not, we know that my brother will probably move into my dad's house and refuse to leave. He has told us that he wants the house all to himself rather than sell the house and equally divide all the assets. If this does happen what can we legally do to remedy this? My father is of sound mind and very clear in his stated intentions, and in his will, that his estate is to be equally divided between his 4 children. My brother has no money or assets to be able to buy us out to make his ownership of the house fair. My brother is 64 and is living on social security in subsidized housing. My dad infrequently invites him to visit and stay over but they fight and my brother leaves after a day or 2. They have never gotten along. My brother repeatedly tells us that he wants the house when my dad dies. We tell him it all depends on the value of the house the the rest of the estate as everything is to be divided equally. It will be hard enough to loose my father when he dies. We dread having to deal with a situation where my brother feels entitled to take occupancy of my dad's house and, by virtue of this, default ownership of the house against the expressed wishes of my father and his will. We are trying to prevent this by reasoning with him but he only seems interested in getting the house. What are our legal remedies? Thanks for your help and for listening!
2 Answers from Attorneys
Bring this issue to your father's attention, then ask him to consult with an estate planning attorney. It is then up to your father to determine what, if anything, he will do to address your concerns.
Do not try to get personally involved with any change to your father's estate plan! You must not talk to your father's estate planning attorney! If you do either of these things, your brother might have an opportunity to reverse any change that your father might make via a lawsuit which arises after your father's death.
I agree with Attorney Raminiak. Your father should take the best steps he can at this time to assure that his intentions can be realized later.
In addition, if one of the other children is named as executor, that child should be prepared legally, as well, to be able to secure the home promptly when your father passes. Assuming your brother is not on title, he should not trespass on what is then the estate's property. If there is a relationship with a neighbor, arrangements can be made for the neighbor to keep an eye on the property. Local authorities can be alerted that the home belongs to an estate and that there should not be anyone accessing it without authority. The executor's contact information should be made available.
There is not a definite choice of how to best secure the property. If there is someone suitable for the executor to authorize to live there during administration of the estate, especially if that can relieve the estate of expenses or even bring income, that may be helpful with the right paperwork.
Again, the emphasis, both your father and the person likely to represent the estate should get legal advice. The cost now may mean substantial cost savings later. Yes, your brother can be evicted if he does not have a right to be in the home, but that is a scenario best prevented.
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