Legal Question in Wills and Trusts in Illinois

Lease with ownership tenants in common

My father recently died. He and my step-mother had a 99 year lease for a house that is in tenants in common ownership. It has been established that my brother and I as heirs have a 1/2 interest in this property by our legal counsel and hers. My brother is the executor for my father's estate and she has kept us locked out of this house since my father's death and removed personal property from the house before it was inventoried for the estate. She has also changed the lease into her name only without prior notice to the estate or permission. Can she continue to keep us locked out of this property and use it herself ? What can we do to stop this ?


Asked on 6/28/09, 1:53 pm

1 Answer from Attorneys

Gregory Turza Law Offices of Gregory P Turza

Re: Lease with ownership tenants in common

Based on the facts you have given me you may have a couple of options. I will need more facts. Please call me for a chat, no charge.

Be prepared to answer these questions: How far into the lease was your mother at the time of her death? What are the terms of the lease? Do you have a copy of it?

I will need to know if the house is an asset. Does the balance of the lease have fair market value?

You can go to my contact information at www.legacylaws.com. For some reason this service won't allow me to put my phone number in this message.

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Answered on 6/28/09, 4:13 pm


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