Legal Question in Wills and Trusts in Illinois

In order for any attorney to properly answer your question, that attorney would have to review, at minimum, the Will and one or more relevant deeds to the house. However, with these circumstances, it seems likely that the share of that youngest son will pass to his spouse and/or his children (which would make the proposed 3-way split inappropriate). Feel free to contact me if you'd like to discuss this further. I always give free consultations.

It seems almost certain that your deceased brother's children would receive his share along with his widow (depends on when the interest in the property vests). There are also issues concerning whether your deceased brother's estate owes any contribution to the remaining siblings for his use of the property. This is not a situation the family should attempt to resolve without consulting with an attorney.

While the background would have to be confirmed in a consultation and review of the documents, it sounds like a transaction is doable, but it would be a four-way split with the fourth interest likely split further. Also, cooperation from the parties involved in the fourth interest would be necessary and, if they are minors, that may be even more complicated. Some consideration may also be due for the several-years' occupancy based on who paid what during that time. Hopefully, the details can be worked out amicably to keep the costs down and preserve the value of each interest. A consideration, if the spouse and/or children would prefer to remain in the property, is to determine whether there is a way to make that happen. There is much to talk through here.