Legal Question in Wills and Trusts in Illinois

If I was renting my Father's house in Illinois, and he died, is there still a presumed or implied rental agreement in place. I am a benefactor of the estate which includes the home in question.


Asked on 3/23/12, 6:40 am

4 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

It sounds like you may be a part owner since he died. On the other hand you have not provided enough information for me to know what your position is. Since your father owned real estate you will need to open up a Probate Estate to determine everyone's rights in his property. This must be done whether he left a Will or not.

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Answered on 3/23/12, 6:45 am
Henry Repay Law Offices of Henry Repay

Your rights as a tenant continue, whatever those may have been. If it is for a set term, then you can remain under those terms. If it was month to month, then the tenancy can be terminated with a thirty-day notice given the month prior. Whatever the landlord rights were, the person in charge of the estate will have.

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Answered on 3/23/12, 7:18 am
Virginia Prihoda Law Offices of Virginia Prihoda

The answer to your question depends on the facts of your situation including the terms of any rental agreement you previously negotiated with your father, what the will says, if there was one, and also may depend on what you negotiate with the other individuals who may be entitled to participate in your father's estate. You need to determine who among you is going to formally represent your father's estate (normally the executor if there was a will) and you're going to have to start discussion with that person. The house no longer belongs to dad, it belongs to his estate or to the named beneficiary(ies). If you want to stay in the house, there will have to be a new agreement negotiated with someone.

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Answered on 3/23/12, 11:02 am


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