Illinois Lien On Property

Real estate encumbered by a public aid lien and held in joint tenancy by an SSI beneficiary. Two tracts of land named the SSI beneficiary as holding joint tenancy. The first tract (Tract 1) initially named the beneficiary as having a 1/2 remainder interest in a life estate. Upon the death of the survivor holding the life estate the remainder interest was converted to an ownership interest. Under Illinois law, a joint tenant holds the option of conveying his interest in the property without consent of the other joint tenants. For this reason, Tract 1 is a countable resource. The second tract reserved a 5 acre portion as a life estate for a relative and left the remaining 15 acres unencumbered by the life estate. The SSI beneficiary holds a remainder interest in the life estate and a 1/3 interest in the remaining property. Until the relative holding the life estate passes away, the interest in the 5 acre portion is considered a resource with limited value since a purchaser's right to possession could not be realized. The 1/3 interest in the 15 acre portion is a countable resource provided that the sale of his interest would not cause undue hardship on the relative residing on the property. The public aid lien currently imposed on the property due to debt accumulated by another joint tenant does not affect the value of the beneficiary's interest in the property. Under Illinois law, a lien against one joint tenant's interest in property is not enforceable against another joint tenant as long as they were not involved in the transaction that resulted in the lien. Since the SSI beneficiary was not involved in the transaction resulting in the lien the value of his interest in the property is not reduced by the encumbrance.