Legal Question in Wills and Trusts in Illinois
Sister and Brother inherit house. Sister moves in, never signs rental agreement
1994: *Father dies. Sister and Brother inherit house
*The sister immediately moves into the house.
*The brother (married)never lived in the house.
*No rental agreement is written between the two.
2003: *The brother dies,having never collected rent from sister.
2004: *The sister acknowledges in Court that she was the lone resident in the house and never paid rent to her brother.
Question: For the years 1994-2003 when the sister was in sole possession of the home, she never paid rent. In the absence of a written agreement, will the Courts find that the sister owes the estate of the brother 9 years worth of back-rent?
Thank you very much for your help. [email protected]
1 Answer from Attorneys
Re: Sister and Brother inherit house. Sister moves in, never signs rental agreem
When the sister and brother inherited the house, unless the will said otherwise, they likely each inherited half of the house.
Unless there was an express rental agreement between the two, then the brother's estate may be entitled to half of the value of the house. If they can prove that there was a rental agreement it would be for the rental of HIS half of the house, since she owned the other half.
Whether the brother's estate can collect on his half of the house will depend on how the house was titled.
You will need to have an attorney review the documents involved (will, deeds, and possible trust) to determine who had and has rights in the property.
Good luck to you.
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