Legal Question in Wills and Trusts in Illinois
what happens during probabte?
I am the executor of my fathers will, I live in Florida and he in Illinois. It is presumed the house and it's contents will be left to me as well. During probate who has legal access to the home and to remove anything from it? Can I stay there during probate? I expect general ugliness and need to know what I need to keep the home secure from trespassers and who is considered a trespasser?
1 Answer from Attorneys
Re: what happens during probabte?
During probate the executor generally is the person who may have access to probate property, including real estate. However, if you reside there, you should probably pay rent to the estate until the property is legally transferred to you. Anyone else who is not invited and who does not pay rent would be a trespasser. If you have other questions or need an attorney for an Illinois probate, feel free to call me at (847) 991-2250.
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