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Tractor Talk Discussion Board

Re: parents wanting to almost give the farm away


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Posted by John T Lawyer PS on August 27, 2009 at 12:46:05 from (66.244.97.31):

In Reply to: parents wanting to almost give the farm away posted by Cherise on August 26, 2009 at 21:26:52:

Seeeeeeeee theres NO WAY me as an attorney, let alone any lay persons here, can advise UNLESS WE SEE THE DEED.

If it was conveyed to 3 girls SUBJECT TO LIFE ESTATE in Mom n Dad......Mom n dad can sell their Life Estate i.e. that right to live n farm there so long as either lives. They can sell that to farmer dude now n move to town n you cnat stop it. (but you can kick him out after mom n dad die) HOWEVER ONLY THE 3 GIRLS CAN SELL THE FUTURE REMAINDER INTEREST which is fee simple ownership ONLY AFTER mom n dad are both dead. The legal area of FUTURE INTERESTS is complicated which is why AN ATTORNEY needs to see the deed as lay persons might lead you wrong.

SOOOOOOOOOO if you dont wanna sell it then dont freakin sell it. In the event 2 of the 3 girls want to sell but not the other, theres a legal process whereby one or 2 can buy out the others and then sell it of course, AT APPRAISED VALUE so nobody gets ripped off

GET LOCAL COUNSEL dont hang your hat on anything here regardless from attorneys or lay persons who havent read the deed or familiar with your states laws

Best wishes n God Bless

John T Attorney at law


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