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Tractor Talk Discussion Board

Re: Keeping family farm in the family


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Posted by MarkB_MI on November 02, 2021 at 12:27:45 from (96.59.224.67):

In Reply to: Keeping family farm in the family posted by DLMKA on November 02, 2021 at 08:16:58:

Hmm. If your mom is the sole heir in his will, then it WILL remain in the family. Assuming, of course, your uncle doesn't require long term care that eats up his equity in the farm. There's really no point in putting his farm in a trust; your mom will inherit the property when your uncle passes. If your mom inherits the property, it gets a new cost basis, which will be really important if and when it's sold, so don't try do anything to circumvent probate, like getting your uncle to gift the property to you before he dies.

If your uncle has had to go on Medicaid (highly probable), the state will have a lien on his property. It will be up to your mom to decide whether to pay off the lien or auction the property. Again, don't try to outsmart the state, say by having your mom sell you the property at a below-market price. Those folks have seen every scheme there is, and they won't be fooled by yours.


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