Legal Question in Wills and Trusts in Illinois
Clarification: In the following, the Land Trust has not been ratified, because the 3 siblings could not agree on a "Power of Direction". According to the Trust Company, the Trust is "frozen" and can remain that way indefinitely, until all 3 beneficiaries agree on a Power of Direction.
Three siblings are joint beneficiaries of a land trust in Illinois. No one holds the power of direction. Sibling 1 (with the full consent of sibling 2) lives in the house, maintains it, pays all house taxes, etc. Sibling 3 insists sibling 1 pays rent to sibling 3. There was no rental agreement. Can sibling 3 force the payment of rent?
1 Answer from Attorneys
In effect, there is no land trust. Therefore, the owner of the real property has the right to assess rent or determine share of rents. Unless the terms are set forth in another agreement such as a contract, the beneficiaries themselves cannot enforce terms which don't exist. Consult with the owner. If the owner is deceased, it will be an issue for probate.
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