Legal Question in Wills and Trusts in Illinois

Re: can someone force mom to sell her home

Yes, the siblings of the nephew can force your mother to sell the home to "give" them their share, provided, however, that the home's title is NOT in an Illinois land trust. The siblings can bring what is called a suit for partition to ask the court to force a sale. In the alternative, your mother could offer to pay them rent; or take a mortgage to buy out their half.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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