Legal Question in Wills and Trusts in Illinois
My Father passed in 2007 and My Mother 2017. We are getting ready to sell the house we grew up in since we were born. My Sister "executor" wants our nephew and brother to move out before we put the house on the market. She thinks the house needs to be a blank canvas in order to sell the house. I explained to her that is not the case and gave some details when we sold my father in laws home in Illinois. Our nephew and brother have been living in the house while our parents were alive for 17 plus years. The nephew does not pay rent and our brother Contribution is the general maintenance and repairs. Even though he has a 10% interest in the house, my sister says mom is the still the owner hinting toward the "executor card". I suggested to let it be, it is a road you do not want to go down. The house was remove from the assets of my mother's estate in order to meet the requirements to avoid probate and file a small estate affidavit. I know our parents would want them to stay until the hose was sold under the current condition. I believe this is a personal matter with some of the siblings and not the interest of what our parents would like done. Does my sister have the right to evict them from the house?
1 Answer from Attorneys
Your mother apparently named your sister executor trusting in her ability to get the job done. Your sister is legally responsible for following the instructions left in your mother's will. You can't "remove [the house] from the assets of my mother's estate"--it's in the estate unless legal title to the house is a trust. Your brother and nephew will have to move out when the house is sold or the new owners will have to evict them. Their occupancy, in my opinion, does make the house harder to sell. A buyer wants to make sure he or she gains possession on the sale, Yes, your sister could conceivably initiate eviction proceedings. Hopefully your sister is working with an attorney to guide her in the carrying out of her duties as executor, and is keeping you informed as to the status of the estate proceedings.
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