Dayton, OH asked in Estate Planning, Real Estate Law and Elder Law for Illinois

Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has increased 10 fold while the house deteriorates. Can my mom take legal action?

1 Lawyer Answer
Charles E. Hutchinson
Charles E. Hutchinson
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much more difficult.

Having all of the relevant estate documents when you speak with an attorney will be important is figuring out what can be done to see that your great uncle's wishes are fulfilled.

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