Verbal Contracts And Property Ownership

Summary

Verbal contracts in Illinois can be binding but are challenging to enforce, especially in real estate, which typically requires written agreements. In cases of intestate succession, Illinois laws dictate property distribution when there is no will. Adverse possession may allow the grandson to claim ownership if he has maintained and paid taxes on the property for 20 years. Consulting a local real estate or probate attorney is recommended for navigating these complex issues.

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Verbal contracts in Illinois
Verbal contracts in Illinois can be binding, but there are key considerations:
- Evidence of the agreement is essential.
- The terms must be clear and specific.
- It should meet all contract formation requirements.
- Some contracts, like those involving real estate, must be in writing.
Is there a specific situation you're dealing with regarding this?
Mother owned real estate on which a trailer was located. Mother died without a will, so the only son took possession of the property.The city had an ordinance barring trailers inside the city not specifically zoned for trailers. This property was grandfathered under prexisting ordinances and allowed for the mother. The son did not want to deal with city officials when he took possession of the property, so he never took the deed out of his mothers name. The son then after many years sells the property to his grandson on a verbal contract for deed. The son then dies without a will. The title is still in the mothers name, which is his great grandmother. The grandson has spent money on upkeep and paid taxes. No one else in the family has any direct financial interest in the property. What statues apply in Illinois, and how do we establish onwership.
To address the situation in Illinois, consider these points:
- Intestate Succession: Since the mother and son died without a will, intestate succession laws apply. The distribution of the property would follow the state's intestate laws.

- Verbal Contracts: Real estate transactions generally must be in writing. The verbal contract may be challenging to enforce.
- Adverse Possession: If the grandson has paid taxes and maintained the property over time, he might claim ownership through adverse possession.
For legal resolution, consulting an attorney specializing in real estate or probate law in Illinois is advisable.
define adverse possession
Case Rating: *
Adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions. In Georgia, the requirements typically include:
- Continuous and uninterrupted possession.
- Open and notorious use of the property.
- Exclusive possession, not shared with others.
- Hostile possession, without the true owner's permission.
- A statutory period of 20 years (or 7 years with color of title).
If you have more questions about the situation, feel free to ask!
this is in Illinois not Georgia. Is it the same rules
Case Rating: *
In Illinois, adverse possession requires:
- Continuous and uninterrupted possession for 20 years.
- Open and notorious use.
- Exclusive possession.
- Hostile possession without the owner's permission.
Since the situation involves complex property issues, consulting a local attorney is advisable. If you need more details, feel free to ask!