Legal Question in Wills and Trusts in Illinois
Definition of Residency
My brother is the executor of my Mother's estate. She died Sept. 4, 1996. Her will gives a life estate to my brother to her home, and states that when he elects ''not to reside in the premisis, the house is to be sold and divided equally among her surviving children.
His job was transferred to Minneapolis a couple of years after Mom died. He rented a condo up there, and 3 years ago purchased a house in Hastings, MN. According to other sources, he drives from Hastings to Matteson, IL once or twice a month. He has a phone hooked up and utilties. In this case, can he legally hold residence in two locations. He works in MN, has MN license plates, owns property in MN? He has no contact with two of us, and limited with the other. But this has been 10 years! I think we need to move on, but he's in control unless I pursue it. Any suggestions would be greatly appreciated. My one sister lives in St. Louis, other one in DeKalb, Il. and I'm in LaCrosse, WI.
2 Answers from Attorneys
Re: Definition of Residency
I would advise you to have an estate planning or probate attorney review the will or trust that granted your brother the life estate in the house.
Unless the document explicitly sets forth a definition of "residing in the premises," it will most likely be up to a court to decide the interpretation, based on the evidence presented by both sides.
Only an attorney who has a chance to review the will/trust, together with the evidence you have listed in your posting, will be able to give you sound legal advice on what steps you will want to take.
Good luck to you.
Re: Definition of Residency
You must hire an attorney and have him review the will and deed. This will turn out to be a court battle. Please call today for a free consultation.
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