Legal Question in Wills and Trusts in Illinois

My mom died over a year ago and her will said everything was to be divided equally between myself and my siblings. However, because my mom had one of my siblings listed on her accounts, that sibling has staked claim to them. It's not a huge ammount of money and I understand that there's nothing we can do. The only thing that remained in my moms name was her house but my sibling is living in it. Again, we're not fighting over it. The thing is, I've found out that there is a "Plublic Aid Lien" against the property. I'm assuming that my sibling can ignore this and as long as the house isn't sold, nothing will happen or can the State sue for the money that's still in both names? Can my sibling keep the house in my moms name and continue to live in it? I don't understand what this lien is or what is likely to happen.


Asked on 5/18/12, 7:52 pm

2 Answers from Attorneys
Virginia Prihoda Law Offices of Virginia Prihoda

What is the house worth in today's market? What is the value of the Public Aid lien? What is the value of any mortgage on the property? This is the equity you share with your siblings. The Department of Public Aid can force a sale of the property. Did your mother leave a will naming an executor? If she did, the executor should be working to figure out how to deal with the property.

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Answered on 5/20/12, 8:24 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Virginia is right and it sounds to me like you are looking to stir up trouble for you sibling. If you think you have been cheated, you should hire a lawyer to go into court in the Probate Case which should have been opened when your Mother died and ask the Judge to order an accounting of all of the assets.

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Answered on 5/20/12, 9:59 am


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