A residential lease is made between an illinois type land trust trustee (an active grantor living revocable trust with legal title and equitable interest in real property, the only party permitted to bind the trust to contract) and a beneficiary of the trust (a personal property interest in the same trust), the same person, …does this relationship convey a valid and enforceable lease?
Yes. Depending on how the trust is written there may restrictions or limitations, however, a written agreement between adults who not under a legal disability are generally enforceable. The rents, however, will belong to the trust for the benefit of the beneficiaries and the trust property
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
I am NOT an Illinois-barred attorney so I am not providing legal advice. You may need to contact an Illinois attorney to verify whether the lease is valid and enforceable. While there is nothing inherently wrong with a trust leasing to a trustor, there may be other issues. For instance, you did not state who is contesting the lease or for why. For instance, the lease may be valid between the trust and beneficiary, but may be voidable in bankruptcy or in litigation over the property, or the trust.
I recommend you consult with an appropriate attorney, and be prepared to supply a copy of the lease and maybe even the trust.
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