Legal Question in Wills and Trusts in Illinois

My husband and I bought together 110 acres in separate parcels of land at different times and built a house, garage and barns on 1 parcel of 40 acres. All deeds are made out in my husbands & my name. We were married almost 25 years when my husband was killed in an on the job accident 20 years ago. I have keep the ground. I lived in the house until our three boys who were in their early twenties when their father was killed kept excerising control over "their fathers" ground. To avoid all the conflict I bought my own home and moved. To this date they are still fighting over "the ground".

The attorney I used examined the deeds for the ground and told me that I did not have to divide the

ground with the kids. Even though I have let all the boys have full use of the ground and the buildings, and the pong, 2 have lived in the house, the other one I loaned or gave (according to him) over 50,000.00 to buy his house they still fight over the ground. The son that I helped to buy his house went to an attorney when the lawsuit was settled and was told that by law I had to divide the ground at that time. I talked to the attorney myself, who was a smart mouthed, arrorgant, sob, that informed me that he would love to take me to court. I couldn't even believe that he had talked to a lawyer let alone one like that, when they all used whatever they wanted, including carpentery tools, chainsaws, cutting firewood, horse equipment, etc. I had decided to separate the ground in my will to give each 40 acres outright and then decide what to do with the other. However, that son says that he will immediately sell his ground. It had been both my husband and my decision that we would not sell the ground, that we wanted a place for our kids and their kids. If I wanted the ground sold then I would sell it myself and use the money for myself. That son says that he is still in contact with that lawyer and that lawyer says that he will help my son contest my will if any of the grandkids get anything and if he doesn't get his part of the ground. My husbands brother helps promote this attitude and since his son was stealing from me,many,many dollars of equipment out of the garage while I was still living there. He was also guilty of stealing 10,000.00 from my husbands truck while bringing it back from the job. So I know why the brother wants to stick it to me. But I don't understand my own sons. They think that since I have more money than they do that I don't have any part of the land and that I should not want any of my grandkids to have any part of the land. I have a life annuity which will leave them at least 530,000.00. I have purchased my own house and 20 acres, own my own car. I have a investment account which they will inherit. I have tried to manage all this like a business and build it up. That is what I wanted them to do and develop a family heritage. But all they want to do is argue about who get what and in the meantime they just are letting it go to hell in a hand basket. When I was doing all the work, all was fine. But now that I am older and not able to do all the work, well, hell, now that is different. I love them but I don't want what we worked our whole life for to be wasted. I didn't waste it and I don't feel that have a right to either. What are their rights and what are my rights.

I have talked to two lawyers and they insist that my will cannot be broke. That sob my son talked to tells him he can break whatever I will. So why even write one, if some lawyer says he can decide what to do with my own property.


Asked on 7/29/11, 7:19 pm

1 Answer from Attorneys
Cyndi Perez Trostin

I am sorry that you are having such troubles with your family.

Whether your property rights are solid, or whether your sons have any rights to the property at this time depend on how the deeds to the property were held when your husband was living. For instance, if the properties were held in joint tenancy, then they would have all been yours when your husband passed away. However, if they were held some other way, then your sons may have had a claim on his death. You will have to have a lawyer review at this issue carefully.

In lllinois, while a will can be challenged by the heirs to an estate (your children, or another spouse if you have remarried), a trust can generally not be successfully challenged. Therefore, if you seek out and work with an experienced estate planning lawyer to draft an appropriate trust to transfer your real estate and other property into, you should be able to leave the property to whomever you want, without worry that your children, or anyone else, will be successful in challenging your wishes.

This answer does not provide legal advice since a thorough answer would require a review of ALL of the facts of your situation.

Please let me know if I can assist further.

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Answered on 7/30/11, 9:54 am


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