Can I be forced to sell my mother's house if it is in probate? I want to wait until the probate takes its course.

Asked over 1 year ago - Chicago, IL

There should not be any rush to sell because the heirs are not depending on this money to live; they are well off; I know the law protects heirs, but I should not be forced to live elsewhere if I could live in the house until the end of probate.

Attorney answers (4)

  1. Paul A. Smolinski


    Contributor Level 17


    Lawyers agree

    Answered . Of course you could buy out the other individuals interest in the house if you have the money coming from other assets in the estate. If you are not paying rent then the others might not be too happy.

    There are other possible considerations. Some work in your favor and some do not. You should consult with a local probate attorney to get the wisest advice for your situation.

    Best wishes.

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18


    Lawyers agree

    Answered . I'm sorry for your loss. You will need to pay your mother's bills out of her probate estate prior to distributing the house to the heirs. Before doing anything, please consult with an experienced probate lawyer in Illinois to provide you with your options and otherwise guide you in the estate administration. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyers agree

    Answered . You don't mention an important fact- are you the fiduciary? It's up to the fiduciary whether to sell the house, and the fiduciary can't put his or her convenience ahead of obligations to the estate.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  4. John Justin Wyeth


    Contributor Level 7


    Lawyer agrees

    Answered . My condolences to you and your family for your loss. As Attorney Brophy points out, in a Probate there is a 'fiduciary'. In Illinois that would be an Executor of a Will, or an Administrator if there is no will. Whether that person is you, or someone else, that is the place to start. Liquidation of any asset, or passing the asset along 'in kind' without selling it are all possibilities. And, the timing can be a part of the discussion. The Executor or Administrator should engage an attorney. If she/he has, then contact that attorney. If you are in disagreement with that Attorney, then you will need to contact a separate attorney. Good Luck

    If you choose, please select "helpful" or a "best" answer, below. LEGAL DISCLAIMER I am licensed to practice law... more

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