A land dispute after grandmothers death without a will.

UPDATED: Jun 2, 2009

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A land dispute after grandmothers death without a will.

Grandma passed in ’97 without a will. The county assessor’s office lists her as still the owner and up til a couple months ago my father’s name was “in care of”. Now my aunt has replaced his name with hers and claimes inheritance. In Illinois, no will the land should be split 50/50. Can my father place a lien on the land and have her sign off because he’s maintained the land (mowing, land repairs, etc) for the past 30 yrs and paid the taxes for the past 10 yrs. Would this be a good option? My aunt never took the estate through probate.

Asked on June 2, 2009 under Estate Planning, Illinois


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Your father needs to see a good real estate lawyer, right away.  There are a few interesting possibilities here, and something needs to be done immediately, to respond to what your aunt has done. Finding the best option depends on having all of the facts of the case (and I'm sure there are quite a few more) reviewed by competent counsel.  One place you can find qualified attorneys in your area is our website, http://attorneypages.com

I'm not an Illinois attorney.  But my research suggests that your father's payment of the taxes for 10 years might prove to be highly significant -- and a highly unpleasant surprise for your aunt, because she might have waited too long to assert her claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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