Asked in Real Estate Law and Small Claims for Illinois

Q: Can a stepmother evict you from a property that was given to me after my father's death.

My stepmother gave me a property after my dad's death and now she is taking me to eviction court and the papers say possession only.

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1 Lawyer Answer
Erik K Jacobs
Erik K Jacobs
  • Rockford, IL
  • Licensed in Illinois

A: I'm unsure of what you mean when you say she "gave" you the property. Did you receive a Deed to the property? I'm guessing not. If you were given a deed, then she would not be able to simply evict you.

Was the home held by your stepmother and father as joint tenants or tenants by the entirety? If so, then your stepmother would have inherited the home. If this is the case, then she allowed you to live there and can, in fact, evict you.

If your father and stepmother were simply tenants in common on the home, then his half would pass according to his will, if he had one.

As far as possession only goes, that simply means that she is not claiming any back rent. She's just trying to recover possession of the home.

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