What to do if my mother passed away and I discovered that she had a trust set up in which the house I am living in must be sold?

I was living with her for about 9 years, helping her when my father was ill before he died, then helping her when she became ill with cancer. I discovered that she had a trust set up in which the house I was living in with her must be sold or put on the market no later than 6 months after her death. She died almost a month ago, so according to the legal trust, I have about 5 months to vacate the premises. Do I have any legal recourse to prevent this sale? The proceeds are to be divided between me and my brother. I would like to stay here.

Asked on March 10, 2012 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it now stands.  What your Mom did was some estate planning to help you and your brother in the end.  I know that that must be difficult to understand and deal with given the situation but it is really true.  You can not block the sale in any way.  You could, though, purchase your brother's half of the property.  If you and he agree on a price and you minus your half of the value upon sale then you would be getting a significant discount.  Good luck.

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