Legal Question in Wills and Trusts in Illinois
my dad just passed away. He and my mom were divorced about 20 years ago. He owns a home in Chicago and currently has a renter there for about the past 18 years. She is still in the house and has no plans to leave. What happens now? Who, if anyone is legeally entitled to deal with the house?
3 Answers from Attorneys
Due to your previous post, I assume that your father had neither a Will or a Trust. In that case, one if his children (or his spouse if he remarried) can Petition the Court for the authority to act on behalf of your father's Estate.
Once this occurs, you can try a number of things to get the border out before considering an eviction. Feel free to call me to discuss. I won't charge for the phone call.
You are, if you petition the court to have yourself appointed personal representative of the estate. If you would like representation you can find my contact information at www.legacylaws.com.
Assuming the home was in your father's name alone, to deal with the home someone needs to be appointed as representative for your father's estate. If your dad had a Will, then the Will should name the executor. If not, then the closest heir usually petitions the court to be appointed. If your dad was unmarried at the time of his death, his children would be the next closest heirs.
Once someone is appointed by the court to manage the estate, then that personal can deal with the house and any other assets. If the renter remains uncooperative, then it may be necessary to have her legally evicted.
But the first step is to have someone appointed by the court to be estate representative.
Feel free to call me to discuss. There is no charge for a phone call to determine how to proceed.