Morton Grove, IL asked in Estate Planning, Probate and Real Estate Law for Illinois

Q: if my mom passed away and the land trust is in my name does it have to be re-titled in to all my siblings names?

I've been in the home with my mom for 23 years and took care of my bedridden mom for the last 5 years. Now that she died, the day after the funeral my siblings came over and want me out to sell the house and want the land trust put in their names too and not just mine. They originally said they don't want the house and put her in a nursing home and let the nursing home take the house for payment. I couldn't do that to mom. She wanted to stay in her home till she died where she'd have love and great care. I love the house like mom and want to die here too. I'm trying to get back to work to be able to save my childhood home. I don't know if signing over the land trust has to be done or if it would hurt me trying to keep the house.

1 Lawyer Answer

A: Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your invalid mother which has to be paid before anyone inherits anything.

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