Legal Question in Wills and Trusts in Illinois

My mom set up a will to be divided evenly among mself and 2 siblings. There is also a trust with all of us listed as beneficiaries. The trust also states that my sister, who is the executor and lives with my mom, can remain in the house until she decides to sell or until her death. Am I correct in assuming she can tie up our inheritance until she decides to sell the house, which can be never? Are expenses to come out of the estate for home improvements, taxes, etc. I cannt believe this was my mothers ides as she is one of the most honorable person I know. This has myself and brother very angry and hurt. Your thoughts?


Asked on 5/05/19, 6:46 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

I do not find this to be an unusual decision by your mother. If this has been your sister's home, your mother may have felt it was appropriate that she be able to continue living there. That would especially seem likely if she was a significant help to your mother, for example if she was a caretaker.

Absent provisions addressing the future expenses, I do not see that those should come out of the estate. Your sister will need to be able to take care of the property and pay its expenses. If it looks like she is letting the property decline, you should see an attorney.

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Answered on 5/06/19, 6:06 am
Virginia Prihoda Law Offices of Virginia Prihoda

Absent evidence that your mother was impaired in her thinking or under some undue influence, she is presumed to know her wishes and what she wished was for your sister to use the house as her residence indefinitely. Your mom had her own reasons, and her honor is not impaired by providing for your sister. Is it possible that your sister has greater needs than you or your brother? Even if you and your brother can't understand your mother's thought process, I urge you to move on with your lives and your own families. Unresolved resentment against your sister or your mother will not serve any meaningful purpose nor provide any benefit.

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Answered on 5/06/19, 1:25 pm


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