Legal Question in Wills and Trusts in Illinois

Can an heir file suit to partition farmland if there is a life estate in place?


Asked on 12/06/10, 8:14 am

1 Answer from Attorneys

I wouldn't touch this situation in this forum without knowing a lot more. That having been said what is the situation? You and siblings are already arguing about what to do with the family farmland once mom and/or pop die? Since you have no present rights of possession because of what appears to be a reserved life estate, you're talking the future. So why would you even consider a present partition, only because you know what the situation will be when mom and/or pop die? So in the end you MIGHT be able to file if the interests are absolutely vested and not subject to divestiture and if mom and/or pop aren't willing to deal with the situation presently, but first there are a lot of other things you might want to try first; a lawsuit is almost always a drastic step. And if you are threatening it because you want to see something happen, you ought to take the entire situation to an attorney to review with you and see what options are available short of filing a court case.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

Read more
Answered on 12/11/10, 5:21 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois