St Louis, MO asked in Real Estate Law, Civil Litigation, Civil Rights and Probate for Illinois

Q: How can I ask for executor of estate bcuz of brother dying intestate have to help pay for me to relocate ..

Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have maintained and kept up and cleaned and protected from tresspassers and illegal dumping and or burning ..I have no where to go no family alive for help please help advise me..I live in illinois and I do have a recept where I paid 5000 for the 2 acres of land I occupy ..I just want what is mine

2 Lawyer Answers
Anthony M. Avery
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A: Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.

James L. Arrasmith
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A: I'm sorry you're going through this challenging time. To request an executor for your brother's estate, you'll need to start the probate process in the county where he lived in Illinois. Begin by filing a petition with the probate court, providing details about your brother's passing without a will.

Include evidence of your long-term residency, the $5,000 payment for the land, and your efforts in maintaining the property. Since your brother died intestate, the court will determine the rightful heirs and may appoint you as the executor if you are eligible.

Additionally, present your case regarding your tenancy and the improvements you've made to the property. It might help to reach out to a local legal aid organization for guidance through the legal steps. This support can help you secure your rights to the land and find a path forward for your relocation needs.

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