Legal Question in Wills and Trusts in Illinois

Hello,

I am the one of the beneficiaries of my parents land trust. I have lived at the property for 17 years and took care of my parents as they were dying. An older sibling (who has power of direction) felt that I was taking too long to move into my new property and sent me a 30 day notice to vacate. Then she filed an eviction lawsuit for forcible entry and detainer. They couldn't serve me because I had already moved out. Then the lawyer sent me an email attachment which he called a notice by publication with a new court date. I don't understand why this is still being pursued. I only have 2 large items at the residence that can't be moved from the property until the POD removes the estate items that are impeding the path. I told the lawyer that I didn't live there, and that I live in another district but he said that didn't matter and that I had to surrender possession and provide proof before the court date or they will seek an order from the court. What is the best option for me? I live in Cook County, Illinois. Since this is an eviction court seeking only possession, should I bother mentioning the below standard living conditions I endured while living there? (i.e., no hot water, no pest control, etc.)

Thanks for your input. It is greatly appreciated!


Asked on 8/22/16, 4:17 pm

1 Answer from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

Plaintiff's lawyer is correct. Until all your belongings are removed from the premises and you surrender the keys, you are still in possession. If you do not want an eviction judgment to appear on your credit report, you need to remove all your items and surrender the keys. You should be able to do this prior to the court date since you stated that you have already moved.

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Answered on 8/22/16, 4:36 pm


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