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Can I be evicted (Illinos) if I am also heir to the same property?

This is a discussion on Can I be evicted (Illinos) if I am also heir to the same property? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Illinois - On her death March 24, 2010, my mother left a 3-unit building to her 3 daughters, including myself. ...

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Old Apr 12th, 2010, 04:30 PM   #1
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Default Can I be evicted (Illinos) if I am also heir to the same property?

Illinois - On her death March 24, 2010, my mother left a 3-unit building to her 3 daughters, including myself. As an heir, I am currently living in one apartment. My sister, who is executor, served me March 31, 2010 with a quit lease that states I will be evicted after 2 months. I have a lease which lapsed last September and was then month-to-month, that has a provision that allows for 3 month notification.

1. How long do I have the right to occupy my apartment as an heir?
2. Is my month-to-month lease void at the time of my mother’s (owner) death?
3. Do I have right to stay as long as the building is not sold, at the same rent I was previously paying?
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Old Apr 12th, 2010, 08:34 PM   #2
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

I wish to inform you that when the landlord dies then the lease agreement does not automatically become void. In the present case also you have rights of tenant till ownership is not conferred on you. As you are one of the heirs but at present you are not the owner. Therefore the executor may terminate your lease after giving you the required notice. When your mother died then the property is to to be transferred to you. Once the property is transferred in your name then you are the owner and your ownership rights will begin.

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Old Apr 13th, 2010, 09:42 AM   #3
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

If two or more owners cannot agree on what to do with a piece of property they may petition the court and the court will order a sale or refinancing etc. so that the one or more may get out of the property obligation and/or the other(s) may keep it etc.--it is often done-- (This is true in some cases even for equitable owners that have paid various amounts etc., but for various reasons, may not be on title.) You could threaten to take this action if need be.
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Old Apr 13th, 2010, 11:28 AM   #4
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

I have already been given a quit lease notice by the executor (my sister). The building will be sold by the executor. That is not the question. Here are my questions:
1. How long do I have the right to occupy my apartment as an heir?
2. Is my month-to-month lease void at the time of my mother’s (owner) death?
3. Do I have right to stay as long as the building is not sold, at the same rent I was previously paying?
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Old Apr 13th, 2010, 06:56 PM   #5
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

1. As long as the notice to vacate says you do.
2. The m2m is in effect. But FL law only requires a 15 day notice to vacate. Expect no more notice than this.
3. No. You have been given proper notice by the executor of the estate of the owner. Despite the fact that you will profit from the proceeds of the sale, the will requires that the property be sold. so the money can be split between the heirs. In order to do this, you have been asked to vacate. Begin moving.
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Old Apr 14th, 2010, 08:36 AM   #6
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

Dispute it in court.
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Old Apr 15th, 2010, 03:12 PM   #7
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

There is nothing to dispute. The OP only becomes an heir and inherits the share of the property/proceeds after it sells and probate is finished. Until then, the OP owns none of the property. GOING TO inherit after probate is not the same as ALREADY DID inherit. The executor is selling the property to close probate. Until that happens, the OP doesn't own the property and only the executor may make decisions for the estate. The OP needs to move or be evicted.
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Old Apr 15th, 2010, 04:11 PM   #8
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

Did your mother have anyone else put on the deed?

The poster above is incorrect. All three sisters own the property. It was willed to them. They do not have to go through Probate to own it. They can to contest it, but not to own it. After it sells? When people will real property to heirs or loved ones, they don't expect that the only use for the property will be to sell it and liquidate the cash proceeds. A

All three sisters now own it jointly, and the sister cannot legally evict the OP.

It's also unclear where and how he/she is deriving from the OP's post further information than the OP provided.

Nice sister you have there. A real pearl.
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Old Apr 15th, 2010, 08:42 PM   #9
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

No one was put on a deed. No where in the post does it state a deed was done prior to her death. The fact that the OP mentions an executor means the house is currently in probate. The last poster does not understand probate.

No one owns that property until it goes through probate. It is only part of an estate of a deceased that is being processed to be transferred to the heirs. Until then, none of the heirs owns that property. The executor processes the estate in accordance to the will. Only that person has the legal authority to act on behalf of the estate and to transfer the property to those heirs. That person files a petition with the court to probate the will. The court then admits the will to probate. Then anyone who thinks they have an interest in the estate can file a claim against the estate. If there are outstanding debts, it is very likely that one of these was filed against the estate, necessitating the sale of the property to pay those claims. (Was the funeral pre-paid, or is there enough in savings to pay it? Did the deceased have any outstanding debts?) Outstanding debts of the estate must be paid before any assets are transferred to beneficiaries. If the estate doesn't meet the monetary obligations of both the estate creditors and the property transfers to the beneficiaries, it's subject to abatement statutes, meaning that one or more beneficiaries may receive less than the deceased had wanted or even nothing at all.

Creditors that have a valid claim are likely to be paid in the following order (though the order varies from state to state):
1. Estate administration costs (legal advertising, appraisal fees, and so on)
2. Family allowances
3. Funeral expenses
4. Taxes and debt
5. All remaining claims

Whatever's left after the creditors get their money is distributed to the heirs or to the beneficiaries named in the will. If someone died without a will, the laws in that state determine how the property is distributed.

So NO, you don't own that house now. You are only in the will to be a beneficiary and to receive a fair share of the house. The house cannot be deeded to anyone until other debts are paid. If there is no other funds to pay those debts, the estate must be liquidated to pay debts.

The sister is doing her legal duty as appointed by the deceased. She must follow the probate procedure and has no choice in the matter. She cannot ignore those creditors. She cannot bypass the process and deed the house to the three of you without going through the procedure. If she attempted to do so, the court would step in, appoint another executor, and then the process would begin again (costing you more in administrative fees.) So the sister is terminating the lease as she is required to do. She is not a "piece of work" as the last poster said.

I'm sorry, but you need to move so this estate can be settled. The longer you delay, the longer this will take to finalize.
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Old Apr 16th, 2010, 09:14 AM   #10
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Default Re: Can I be evicted (Illinos) if I am also heir to the same property?

If you don't agree with the sale, you as an heir can ask the court to allow you to buy out the others.
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