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.
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.
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.
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I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
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.
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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.
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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 in the State of Illinois and have an office in Kendall County, Illinois. However, I serve clients in many counties within the state of Illinois. My areas of practice involve Estate Planning (Trusts/Wills/Powers of Attorney/) and Probate, Business and Real Estate Counseling. Please take note that the above answer does not create an attorney/client relationship, and that all AVVO responses from both me and my attorney colleagues are for general legal education, only. Information obtained from AAVO or any other internet location should never be used as a substitute for competent legal advice from a licensed attorney that practices in your state. Please also be advised that the passage of time can often diminish the likelihood of success, and some matters will be barred by a Statute of Limitations. So, do not hesitate in seeking an attorney to specifically advise you. Finally, any reference to a specific law or theory of law is my best thought on the topic based upon a brief consideration of the topic, not a complete analysis of your specific situation. Best wishes as you seek resolution of your matter, and I hope you this answer helpful.