legal help

[tracid]

So, my husband has lived in our house since birth. His grandfather passed. The will was not specific so it is to be evenly distributed. His older brother told us that he's kicking us out. He is the executor. Does he have any legal ground to throw us out.

 

[cjbcam]

Is there squatters rights there?My DH grandfather passed and his uncle had kind of the same thing happen his lawyer said some places have it but unfortunately where he lives doesnt. He ended up having to move his whole house off of the "home" quarter of land because that land was given to the uncles sister. What a mess. Death can bring out the very worst in people. I would talk to a lawyer before moving anywhere.

 

[tracid]

Illinois does have squatter rights and we have paid some property taxes, but not all since they come here and take mail. We were not knowledgeable on that. My husband lived here as a child and was living here when his grandfather passed. I moved in with him shortly after, we have a baby and have changed the locks since a year and a half ago. Not sure what would give squatter rights .

 

[ronandannette]

So, my husband has lived in our house since birth. His grandfather passed. The will was not specific so it is to be evenly distributed. His older brother told us that he's kicking us out. He is the executor. Does he have any legal ground to throw us out.

Evenly distributed amongst whom? How many other people have a claim to the estate? Depending on how much the entire estate is worth, the house may end up being your "cut". If the house is the main asset, in fairness you could have it appraised and offer to buy out the other stakeholders. Squatter's rights notwithstanding (and what a nasty-named thing that is ), I'm not sure you deserve any greater interest in the house than any of the other heirs. Personally, for the sake of family harmony I'd probably advocate that it be sold and the proceeds divided. Move out and move on.

 

[minkydog]

You need an attorney to sort this out, ASAP

 

[allison443]

When did the grandfather pass away? Were you paying rent before that? Then you might be considered a tenant with certain rights. The house is an asset of the estate, and the older brother is in charge of the assets-he may need to sell the house and distribute the proceeds among all the beneficiaries. Were you and your husband just planning to continue to live there?

 

[tracid]

When did the grandfather pass away? Were you paying rent before that? Then you might be considered a tenant with certain rights. The house is an asset of the estate, and the older brother is in charge of the assets-he may need to sell the house and distribute the proceeds among all the beneficiaries. Were you and your husband just planning to continue to live there?

My husband was raised in this house, he moved back 5 years ago because his grandfather had a stroke and was dependent. The house was almost in condemnable condition due to grandfather not being able to do anything. When I moved in we put $12,000 in to get it up for selling and livable condition. Our plans were to continue to pay taxes , take care of yard and house until sold. The older brother does not want to sell . He wants to rent for his own benefit.

 

[tracid]

Evenly distributed amongst whom? How many other people have a claim to the estate? Depending on how much the entire estate is worth, the house may end up being your "cut". If the house is the main asset, in fairness you could have it appraised and offer to buy out the other stakeholders. Squatter's rights notwithstanding (and what a nasty-named thing that is ), I'm not sure you deserve any greater interest in the house than any of the other heirs. Personally, for the sake of family harmony I'd probably advocate that it be sold and the proceeds divided. Move out and move on.

There are 4 surving siblings, there mom is passed. His older brother was executor too . It's been five years and my husband was due $20,000 in stocks which have not been given as well. We would love it sold, we even fixed it up to be sold. But his brother said because he is executor, he has right to do with it as he wishes. Said he wants to rent it out.

 

[Allison]

You need a lawyer. Go get one asap. You need to understand what a executor does. They have to follow the terms of the will. You need to know if he is doing that.

 

[deedeetoo]

My MIL died and left her house evenly to her 4 sons, one of whom was living there and had little money. We think that she intended the rest of the brothers to just subsidize the one brother's existence - let him stay there for free even though he owned only 1/4 of the house. But the other brothers did not see it that way. They wanted the cash from the value of the house. Maybe it sounds kind of harsh to you, but it is their money and they had a right to it. The house was sold and the brother who was living in it was given his 1/4 share and moved into an apartment.

The executor does not have the ability to do whatever he wants with the house, he has to follow the law. But he does have a duty to divide the assets and the only way to divide the value of a house is to sell it. He also has the responsibility to take care of assets in a responsible manner. If you are living in the house which is owned by the estate, you should be paying rent to the estate. If you have the money to buy it from the estate, then you should make an offer to do so, but if you can't, then its probably going to be sold. He probably wants you out so he can prepare the house for sale. Maybe you can offer to pay the estate rent until the sale goes through so that you don't have to move right away.

Oops, just saw your last note that the brother wants to rent it out. This sounds like a temporary thing, but can't you just rent it from the estate? Why do you need to get out so he can rent it to someone else?

 

[mom2rtk]

Can't you be the renter the brother wants?

 

[Allison]

How can anything be evenly distributed if you live there unless you offer to buy out the others? Can you afford that?

 

[mom2rtk]

Why does the brother say he wants you out right away instead of letting you stay until it is sold? I imagine he wants to move it pretty quickly but it's generally safer to have someone living there to discourage break-ins.

Is there a bad history between your husband and his brother?

Are you honestly prepared to only stay there a short time longer, or does he have reason to believe you would resist leaving once it sells?

 

[ronandannette]

There are 4 surving siblings, there mom is passed. His older brother was executor too . It's been five years and my husband was due $20,000 in stocks which have not been given as well. We would love it sold, we even fixed it up to be sold. But his brother said because he is executor, he has right to do with it as he wishes. Said he wants to rent it out.

Sorry, I'm a like unclear - did Grandpa die 5 years ago and he executor has not seen to the distribution of the assets in all that time? That doesn't seem right. Did Grandpa actually leave a formal will?

You need a lawyer. Go get one asap. You need to understand what a executor does. They have to follow the terms of the will. You need to know if he is doing that.

This. Start with the one who notarized the will.

 

[Ceila]

I can't understand your posts, but I think it goes without saying that you need a lawyer immediately, not help from people on a Disney message board.

 

[undertheradar]

Interesting thread for a new poster.

 

[slo]

I always thought that in a situation like this you would get the house appraised and pay the sibling his portion and the house would be yours.

Example.....house appraises for $100,000 - you pay sibling $50,000 and the house is yours (granted it's not just that easy, there are other things involved)

I would definitely get a lawyer and start asking questions - good luck!!!

 

[NewRVLady]

If there are 4 siblings-each owns 1/4 of the house-if there is no will

DOES Grandfather have ANY living children? or DECEASED kids (because the deceased kids descendants would own a share ALSO!)
Just these 4 grandkids?

 

[RitaE]

You are certainly going to have to consult with a local attorney.
You have a right to force the estate Executor to finalize the process within a reasonable amount of time. As of right now, the house is owned by the estate. If you have paid property taxes, then you likely have a right to be reimbursed by the estate and that is something to discuss with your legal representative. If the legal Will states that amounts are to be divided evenly, then your husband and the executor will have to come to an agreement on how your husband can reimburse the other heirs for their share of the house's appraised value. You mention some stock that is also part of the estate. Perhaps that could be used to "pay" the other heirs for their share of the real estate. If your brother-in-law wants to rent the house for his own benefit, then it is possible that you and your husband could make rent payments to the other heirs. However, given the amount of ******* that seems to exist already between the family members, I'd give the opinion that this sounds like a bad idea.

I'm unclear whether Illinois has any sort of squatters rights statutes that would apply to your situation. If so, your husband likely has legal protections similar to those that Renters have in terms of termination and move out notices.

 

[tvguy]

You are certainly going to have to consult with a local attorney.
You have a right to force the estate Executor to finalize the process within a reasonable amount of time. As of right now, the house is owned by the estate. If you have paid property taxes, then you likely have a right to be reimbursed by the estate and that is something to discuss with your legal representative. If the legal Will states that amounts are to be divided evenly, then your husband and the executor will have to come to an agreement on how your husband can reimburse the other heirs for their share of the house's appraised value. You mention some stock that is also part of the estate. Perhaps that could be used to "pay" the other heirs for their share of the real estate. If your brother-in-law wants to rent the house for his own benefit, then it is possible that you and your husband could make rent payments to the other heirs. However, given the amount of ******* that seems to exist already between the family members, I'd give the opinion that this sounds like a bad idea.

I'm unclear whether Illinois has any sort of squatters rights statutes that would apply to your situation. If so, your husband likely has legal protections similar to those that Renters have in terms of termination and move out notices.

Very good advice. Lawyer up. I do wonder if estate law trumps any squatters laws. Some states have some interesting estate laws.