Legal Question in Wills and Trusts in Illinois
My grandmother, who had a will, passed away in Feb. My grandfather is already deceased. In the will, it names my uncle and my mother as the equal beneficiaries, but my mother is also deceased. The will states my mother's portion should then be split equally between her children (my sister & I). My uncle is named as the will's executor and the successor is US Bank. My uncle is an alcoholic w/ avid health problems and has suffered mini-strokes. He is unfit to act as executor and has appointed a power of attorney. In addition, he is a very difficult man to deal with, especially given his alcoholism. Before my grandmother passed away, he had been living with her since my grandfather died. My grandmother was taking care of him. His name is not on the deed of house. He has seizures and is a smoker and I am concerned he could burn down the house if he is drunk and passes out or seizes when smoking. He was not allowed to smoke in the house when my grandmother was alive but is not smoking inside on a regular basis. Does he have any legal right to continue living in the house? He is a veteran and a great option would be for him to live in a VA house. However, he is stubborn and refuses to leave. He is already acting like the entire house and inheritance is his alone. He would not even let me take my grandparent's wedding rings for safe keeping and to put in the safety deposit box. He refuses to let anything leave the house and refuses to leave himself. Even though he will receive half of my grandmother's inheritance (which will include half of the value of the house), can he legally be staying there through the probate period and refuse to leave, or can my sister and I force him to move out? If so, how do we proceed legally to get him out.
Thank you for your help. I appreciate your time. I look forward to a response.
1 Answer from Attorneys
You will need an attorney.
1. The will apparently left grandmother's property to her children (mother and uncle) most likely "per stirpes" meaning when mother died instead of uncle inheriting her "half" mother's half passed to you and sister. That is unless the will says uncle inherited mother's portion if mother died before grandmother (this is probably not the case but w/o seeing the will it is impossible to say, but if it does, uncle may be right). Assuming you inherited "per stirpes", uncle owns "50%" and you and your sister together own "50%". That means 50% of the right to occupy (not half the house but an equal right to occupy), but also 50% of any income and 50% of the expenses (taxes, insurance, upkeep, etc.).
2. By law grandmother's will must be filed in court. This is uncle's legal responsibility if he had the will; if not whoever has it is supposed to. Because real estate is involved and grandfather wasn't around to survive as owner, a probate estate has to be opened. If uncle is unable to serve as executor, you would have to contest his appointment. If uncle refuses to open an estate, you would have to have it opened. If none of you does but there is a creditor with a large enough amount owed, the creditor could also open a probate case.
3. Assuming uncle, you and sister are the inheritors of grandmother's estate (house included), per above, you all have the right to occupy it unless the will provided that uncle could stay there for his life or something like that, and if uncle was given that right, there is usually a cost he must pay ("charge"). If you are being excluded improperly, that is not right and the probate court could get involved. If you simply are choosing not to live there, then if uncle insists on living there and not renting it out or selling it, he has an obligation to pay rent and share expenses (with you and sister). These are things that if the three of you can't work out amicably the probate court will have to do.
4. If uncle's behavior is risking the safety of the house, you are owners and can in fact seek court help in getting uncle out and to a safe place.
Good luck.
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