Legal Question in Wills and Trusts in Illinois

It depends on how the deed and the clause are written and what has taken place in the meantime. You need to consult an attorney in your jurisdication and open a Probate Estate in your jurisdiction.

Based on your statements, your brother owned the property subject to it being used by the life tenant. Your brother's interest, called a remainder interest, should be part of his estate. Whoever is due to inherit his interest, however, would still take it subject to the life estate. A more careful review and analysis should be completed, but without seeing the documents, using only the facts stated and without having conducted any research, that is my analysis.

It depends on whose life is the measuring life: if your brother had an opportunity to live in the house for his life, the relevant document to provide authority on who can now occupy the house would be the property deed and the will. Probably best for the family to visit an attorney with these documents and get some specific advice based on the contents of the documents.