Probate Real Estate War?
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Hello, I will try very hard not to ramble or repeat myself, but as this is changing almost daily I'm having a hard time sorting it out. My father, Edward Jr died October 2008. His father, Edward Sr died about a year or two before Edward Jr. Upon his death, my Grandfather passed all of his possessions and real estate onto his only son, my father. Because my father feared that one of his ex-wives would come after him for money, he did not transfer any property over in his name, but instead left it in my Grandfather's name. I have 2 younger brothers, Wesley (21 years old who is a full-sibling) and Derrick (13 years old who is a half-sibling). Derrick's mother wants us to sell the house, but Wesley and I are determined to keep it. Rachelle, the trustee of the estate who for years has been considered a family friend has shown various questionable actions that seem in her own self interest. Of course there is no proof, just rumors and as I said "questionable actions" that have made my brother Wesley and I lose confidence in our Grandparents' choice. 2nd in line to be trustee of the estate is Mark, her son who we are sure would do the exact same things she has done/is doing/and will do, and 3rd is a person whom we have never met. The 3 month period where creditors can file a claim against the estate has now come to an end. Rachelle is trying to sell the house, when she knows Wesley and I do not want that to happen, and has stated that there are 3 parties who are not family who have expressed interest in purchasing the house. She has had the house appraised and the value is between 15,000-21,000, and in her letter to my brother and I she has said that even if we do place a bid on the house, the highest bidder will be accepted. I can't explain the frustration and anger I feel that I am having to fight with someone who is not in my family about family business, and a property that has been with us for 3 generations. I do not want to lose the house, neither does my brother Wesley and not having 15,000-21,000, is there anything we can do to stop this sale, or is this how the law works? This house is in Illinois, both my father and grandfather lived and died in Illinois. Please answer me back at your earliest convenience. Thank you.
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Answer:
What does your attorney advise? The opinions of strangers online can be entertaining, but not very useful. If you do not have an attorney, use the lawyer referral service at the Illinois state bar association website. www.illinoislawyerfinder.com Your attorney can explain what options are available.
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Other answers
I'm not an attorney - I'm a paralegal but want to give you some basic information. You say Rachelle is the trustee of the estate. Which estate - Sr.'s or Jr.'s? If she was named as trustee of Sr.'s estate, she should have no control as the property was in Jr's estate. It sound like she was the trustee of Sr.'s estate. While your dad didn't put the properties in his name, they were still his upon your granddads death. I can so no reason why your grandfather's trustee would still have control of them. You must look to the grandfather's Trust to see if she was supposed to hold the property for a certain amount of time or something similar. The property should be disbursed by the executor of your dad's estate as stated in his will or Trust. If he had neither, the court would have had to appoint one. You have the right to ask to be appointed if your dad had no will or Trust. Comment back on who named her as trustee and whether you have a copy of the Trust document and I might be able to give you more help. If she was named as trustee of Jr's estate, you have a bigger problem. Most states will allow you to contest the actions of a trustee in court and restrain the trustee from selling estate assets until the court decides who should be trustee. You will have to have an attorney and be able to pay the attorney up front. Still, assuming your dad, not granddad, named her as trustee, she is supposed to be carrying out his wishes. There may be something your dad told Rachelle that you are not aware of. Perhaps she does not think you and your brother can afford the taxes, insurance and maintenance on the property. Have you asked her why she is going against your wishes as the heirs?
<<Because my father feared that one of his ex-wives would come after him for money, he did not transfer any property over in his name, but instead left it in my Grandfather's name.>> I don't know how he could do that, part of probating is getting everything your grandfather owned out of his name. Is Rachelle the person your father how in his will to probate his estate? Whoever the court decided should probate the will can sell the estate goods. If Rachelle is that person, then I think your sorta screwed.
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