Rent for an heir living in Estate owned house

[ThePMLady]

Jurisdiction

Illinois

We are at the end of probate court for my father's house, there are 4 siblings that are heirs. One of the heirs is living in the house and is considered a tenant. She has been living there rent free while my father was living and the other heirs believe a rental agreement should be in place with the taxes due etc. until we are able to sell the house. The Heir that is living there does not agree to the sale price the other siblings have proposed, she decided not to buy. She is also giving us issues with showing the house to other buyers. She also does not agree to the rental price we have proposed as well. What are we able to do if 3 heirs agree on the month to month fair rental price and the heir/tenant living there does not agree?

Thank you!

 

[army judge]

We are at the end of probate court for my father's house, there are 4 siblings that are heirs. One of the heirs is living in the house and is considered a tenant. She has been living there rent free while my father was living and the other heirs believe a rental agreement should be in place with the taxes due etc. until we are able to sell the house. The Heir that is living there does not agree to the sale price the other siblings have proposed, she decided not to buy. She is also giving us issues with showing the house to other buyers. She also does not agree to the rental price we have proposed as well. What are we able to do if 3 heirs agree on the month to month fair rental price and the heir/tenant living there does not agree?

Thank you!

If you can't agree (all 4 agree), you'll have to go to court and seek a partition sale of the property.

You can forget about rent, if the moocher won't pay.

You have bigger worries with the partition.

 

[zddoodah]

the other heirs believe a rental agreement should be in place with the taxes due etc.

This makes sense up to the word "place." After that, I don't understand what you're getting at with the last five words.

The Heir that is living there does not agree to the sale price the other siblings have proposed, she decided not to buy.

Which of the siblings is the court-appointed executor of the estate (or is someone else the executor)? Is the executor represented by legal counsel?

What are we able to do if 3 heirs agree on the month to month fair rental price and the heir/tenant living there does not agree?

This isn't a democracy. If the house is owned by the estate (is it?), then the executor makes all of the decisions. If the executor imposes a rental amount and the tenant doesn't pay, then it is incumbent on the executor to evict the tenant.

If you can't agree (all 4 agree), you'll have to go to court and seek a partition sale of the property.

. . .

You have bigger worries with the partition.

Partition is only a concern if the property is jointly owned by multiple persons. If the property is still owned by the estate, then there's no partition issue.