Legal Question in Wills and Trusts in Illinois
Can an heir file suit to partition farmland if there is a life estate in place?
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.
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