Legal Question in Wills and Trusts in Illinois
Land Ownership
20 years ago my father passed away. He had 40 acres of land that my sister somehow got my father to sign over to her before he passed away. My father has three kids and the two remaining kids received nothing out of this property. We feel our sister took advantage of the situation of our father before he passed away and stole the land that should had been divided three ways. Would we have a case to get the land divided three ways, the way it should have been, even after 20 years of doing nothing?
2 Answers from Attorneys
Re: Land Ownership
After your father signed everything over to your sister before he died, there was no issue to probate. Your sister owned the property when your father died. Even if there was a will.
Re: Land Ownership
I wouldn't necessarily say that it's 100% impossible, but I think first it's unlikely that you'd be able to sufficiently prove such a case 20 years after the fact. Second, the doctrine of "laches" (basically unreasonable delay) might apply to bar a claim.
This is not legal advice. You should consult your own attorney for a formal legal opinion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
