Legal Question in Wills and Trusts in Illinois
A friend's father died in 2003. He left 80 acres of land to my friend and his three sisters. The oldest sister is the Execitor. Two of the siblins want to sell the property, the other two do not (Execitor being one). They did not go to probate in 2003. There is a will in place leaving all assests to the 4 of them. Is it to late to go to probate and force the sale of the property (vacant land)? They are located in Illinois.. The value of the land has gone down over the years and continues to fall. Thanks..
3 Answers from Attorneys
Probate is not the issue. They can seek partition of their interest, forcing the sale.
Yes, a suit to partician is your remedy. But it does not necessarily result in the sale of the land. Sometimes the court will literally partician the acres so you end up with title to 20 acres of land.
you need to probate the estate to transfer the title from the deceased father to your friend and his three sisters and to make sure all of the deceased father's creditors have been paid. how the land will be divided will be decided in probate court. if you want to discuss further, contact me at 312-372-5600.
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