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Here's one to stew on: family land/inheritance

136,089 Views | 393 Replies | Last: 1 mo ago by schwack schwack
BigPuma
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I don't think you could unwind it, but if the parents were claiming a loss on their taxes and were to get audited the IRS may have some issues with it. And make no mistake, the sister wouldn't owe them a dime more.

Farmer @ Johnsongrass, TX
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BigPuma - Thank you!
Quinn
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schwack - How much of an effect would this have on your parents' ability to take care of themselves financially whenever they need in-home or assisted living care? That seemed like one of your biggest concerns and you weren't sure that sis was going to help out at all with that.
schwack schwack
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Quote:

How much of an effect would this have on your parents' ability to take care of themselves financially whenever they need in-home or assisted living care?

Quinn, it devalues the property quite a bit and makes it an almost impossible sell. Who in their right mind wants a chunk of land with a shared driveway & a-holes within viewing distance next door?!? That's not why anybody moves to the country.

They will need the money from the property to finance major health care issues. They could probably swing in-home care for one but anything like a nursing home, etc. would be a struggle.

This should have been so simple: don't make a land grab until they are both gone or settled elsewhere. Then what/if anything left is valued & split 50-50. That's what the will basically says. I had always imagined that when that time came & if the property came to us, I'd sell my half to my sister if she wanted it - BAM - she gets the whole thing for 1/2 price (me keeping minerals...).


88jrt06
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Bill Johnson, realtor-broker, Bellville, Austin County.
TAMC '70, baseball letterman. Good Ag.

Tell him you're an Ag; he's a great guy, maybe some advice, maybe a referral, maybe a lawyer-issue recommendation.
Mention a bunch of Austin Cty clients said "Call Bill".
(He also breeds the finest hunting pups I've ever seen. Ask him about that issue, and what some will pay..).

Bottom line: Austin is his county. But he owns these kind of issues. For 40 years. For lots of his fellow alums. Try him as a resource.

But also find (broken record) lawyer in county at issue, pronto! That lawyer, hire him.

Property Law is a weird-ass mistress, surpassed only by probate/estate work. You can prevail, here. Call Bill.
Get started now.
schwack schwack
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UPDATE: Not much to report because I think I've been pretty much locked out of discussions but the 3 acres went to 5. Only found out because we were out there last week and saw survey flags. I thought it looked like more than 3 acres & Mom said "Yes, legally we have to sell them 5". She couldn't explain why exactly - just said the surveyor said so because of subdivision developers(?). Sister supposedly paid for the survey, but not the land yet. Again, we went over why it's a bad idea and Mom said "Well, you should talk to them about it, but I could NEVER take it back now."

They were out there recently and carried some cases of water in the house for them & we heard all about it. I can rest easy now that I know how much help they are going to be .... *sarcasm*

So, there you have it. Dad would not talk about it at all & Mom was defensive and evasive. She actually acted like our objections were news to her. I'd be concerned about dementia but it only seems to be this one topic.

CEPhD
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This crap is bullcrap
unmade bed
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I'd be very surprised if whatever county this is in didn't have an exception in their subdivision regulations for conveyances to family members (county subdivision is where "5 acres" thing comes in). Seems like a lot of bad info flowing on this whole deal. Lawyers needed to be involved months ago.
GarlandAg2012
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Hadn't thought about this thread in a long time but was interested to see it when it popped back up. Don't have any expertise, but it's clear that the OP is being taken advantage of. As peacekeeper in the family, that may be something he can live with. However, it is also clear that the OPs parents are being taken advantage of. When 2 of the 3 parties are getting screwed, keeping the title of peacekeeper would be a hard pill to swallow IMO. I think if I were in the same situation I would feel a strong urge to protect my parents' interest and do anything I could to stop the deal. Easier said than done I'm sure but just wanted to put in my $.02 in case it helped convince the OP to take off the peacekeeper hat.
schwack schwack
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Quote:

Lawyers needed to be involved months ago.
It would be pointless - you don't know my parents (turns out, neither did I...). Apparently they do not like interference/advice of any type. We thought long & hard about getting more involved once we found out that a deal had been struck, but know that nothing we find out will make a difference, so why go thru the time, effort & expense. They will feel backdoored and blame any hard feelings on me. I think it was pretty clear that they don't want to hear anything from me on this topic.

We'll just have to see how it pans out & hope for the best for them as they get older & less able keep up the property.
schwack schwack
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Quote:

When 2 of the 3 parties are getting screwed,

That's just it.... parents don't feel like they are getting screwed - apparently they think it is "the solution". To them it means that they will have someone next door & help around there as they become unable to maintain things. We have been blunt trying to explain that this is really putting a huge encumbrance on them & the property, but they only look at "the solution" aspect.




GarlandAg2012
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schwack schwack said:

Quote:

When 2 of the 3 parties are getting screwed,

That's just it.... parents don't feel like they are getting screwed - apparently they think it is "the solution". To them it means that they will have someone next door & help around there as they become unable to maintain things. We have been blunt trying to explain that this is really putting a huge encumbrance on them & the property, but they only look at "the solution" aspect.







Gotcha. I truly hope it works out that your sis and BIL step up if/when the time comes. Having someone close by definitely can be a blessing.
SteveBott
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Your sis maybe in for a big surprise and not to her liking. She gets all settled in and parents start having the inevitable problems she may end up caregiver by default. If BIL is useless and your a fair amount away she may have no choice but to fill in the gap.

Unintended consequences
schwack schwack
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Quote:

Unintended consequences

Agree, Steve. I can't imagine them being much help, but they've all made their unintended consequences beds, so they must lie in them.

I questioned their commitment to helping & Mom shot it down with a quick & snarky "that's not part of the deal". I don't think my Dad feels that way though - they've already butted heads a little on the garden when they went for a couple of days for spring break, plus they invited friends of theirs out for the day without telling Mom & she was a little miffed about having to add to lunch, etc. She played it down to us, but I know her. I also pointed out that although they are only buying 5 acres, they will feel they have the run of the place & I think that is already proving to be true before they even break ground.

Insert Michael Jackson Popcorn gif here. : )




88jrt06
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Absolutely.
The Collective
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This is a ****ing disaster.
DallasAggie0
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Should be paying for damages to the remainder tract
histag10
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I would still try to get lawyers involved, if for nothing else than to update their will to reflect these new changes. I can see it now. your parents sell your sister part of it now. They pass and current will is still in place, you and sis will split the piece of land that they still own 50/50, because there is nothing spelled out saying your sister already received her share prior to them passing.
The Collective
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If sister is getting a loan to build a house, there will be legal docs on the transfer of property and a defined easement.
The Collective
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histag10 said:

I would still try to get lawyers involved, if for nothing else than to update their will to reflect these new changes. I can see it now. your parents sell your sister part of it now. They pass and current will is still in place, you and sis will split the piece of land that they still own 50/50, because there is nothing spelled out saying your sister already received her share prior to them passing.


Completely up to his parents. To even make this suggestion is to make a demand of your parents on what they should be doing today with their own money. I think it's a losing battle at this point. It sucks.
SteveBott
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agree with CJS. Nothing good can come of SS pushing the parents.
schwack schwack
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I can't do anything at this point but sit back & see how it progresses. They are of sound mind - I know it doesn't sound like it - and it's their business. It's disappointing because I always thought we would be treated equally but it might not happen.

I don't know how sis is paying for the new house, and I really don't even want to get into a conversation about it. Once things are settled & it's built, I will suggest a revision on the current will to figure out the rest of the property.

Whatever the outcome, if I get any of it, I'm selling at current rate to them (or I suspect some of BIL's relatives) or putting storage buildings/trailers on it. : )

Still interested in updates as this unfolds?
SteveBott
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Of course we want updates. We been here this long so what the heh!

I would pay good money to watch a video of you telling them storage units were coming in. After all, highest and best use, yadayada
SPF250
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schwack schwack said:

Still interested in updates as this unfolds?
Absolutely. I am sorry you are having to go through this, but I would like to see how it all winds up.
Aggie Rick
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I have been following since the beginning and all all I can say is that OP is a much calmer man and peacemaker than I. I cant stand people weaseling their way into things without having worked/earned a bit for it.

I get furious just reading this.

@Aggie_Rick
88jrt06
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Likewise.
aggiebrad94
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This has been fascinating to experience. Please keep updating - hopefully doing so provides some sort of catharsis for you.
schwack schwack
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Will do. Didn't want y'all to think I'm just a ranter. Y'all have helped me tremendously, and, yes, it does help to type it out here.
ElephantRider
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Sure seems like your sister is banking on the will changing and her getting all of the land because she is already living there.
schwack schwack
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At this point, I'm not worried about it. I don't think that they would exclude me totally but I think that could change if I tried to go the lawyer route, etc. Even if Sis pushed for that (which, I don't think she would - they got what they want), I still think there is a bit of fairness left in them. When we had our discussion AGAIN this past weekend, she repeated that I still get half (less the obvious) - even though I told her AGAIN at the beginning that it was her & Dad I was trying to protect - not my interests. It's not a land/money grab on my part & never has been.

It's funny, and I think I forgot to mention this, but there was a property "dispute" between my Dad & his sister on land (35 acres) left to both of them. She tried to say that one of her kids should be able to build on "her half" leaving the unusable marshy part with the gas well in the middle to my dad's half (of course she would keep her share of the minerals). My Dad shot that down & I've wondered why he didn't see this as a similar situation. Maybe because there is a lot more land and he feels like we'd both have a nice piece. Who knows. And my Mom is always complaining about his sister getting more - all of grandma's jewelry, her car when she went into assisted living, etc. They can sure see it when it applies to them, but not me.

How bout that baseball game tonight?!? BTHOtu

ElephantRider
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You're handling this much better than I would, so kudos. I think I would have (jokingly) suggested that your parents go ahead and split the land up and they can pay you rent to stay in the house.
Satellite of Love
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I honestly think when the time comes and you get your piece of land to install some security lights.
So my neighbor is scared of the dark
This would be a nice subtle jab back at your sis while you figure out the long term use of your part.
bad_teammate said on 2/10/21:
Just imagine how 1/6 would've played out if DC hadn't had such strict gun laws.

Two people starred his post as of the time of this signature. Those 3 people are allowed to vote in the US.
Farmer @ Johnsongrass, TX
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schwack schwack - well,....this reads like Sis & BIL got their way. I couldn't recommend attorney's to step in to this situation, months ago, or today, unless you want to stick your hand in a hornet's nest and make the situation worse. I believe you know that.

I still don't have a super clear picture of the property in my mind, so work with me. Once you cross the tracks, if the road accessing the property falls into jeopardy (where Sis & BIL control it) and your parents didn't allow for joint easement/access, that could be an issue for the parcel you'll inherit later. (I am assuming the property will not be sold to pay for parents health/living expenses) If you can find out what parcel you'll inherit with certainty (and full well know that "certainty" can change) that would be good knowledge for you.

Second, investigate who owns the property surrounding, touching, next-to, etc. the parcel you would inherit. Out of those surrounding property(ies), seek which one has access to a public road. Hopefully that type of parcel exists. I think it would be good strategy to secretly purchase the property that would butt-up next to your inherited parcel. You would guarantee yourself access to your inheritance without having to negotiate easement/access from Sis & BIL. You already know that Sis & BIL have claimed/purchased 5 acres that diminishes the value to some external potential buyer should the property need to be sold to pay for your folks health/living expenses. Further, Sis & BIL just might think their strategic positioning would be demoralizing to you resulting in a "surrender sale" of your inherited parcel to Sis & BIL just to get away from them. However, if you purchase land that would give you access to the inherited parcel, without having to deal with Sis & BIL, you would gain the upper hand and not be a demoralized/captive seller to them.

Your risk, ...
1.) ... parents change their mind and decide they want to give you a different parcel or divide it differently and your purchased land no longer is adjoining the initially communicated inheritance parcel.
2.) ... parents farm has to be sold to pay for your parents health/living expenses.
...........A.) you step-in and buy the parents farm, sans Sis & BIL's 5 acres, and you have the adjoining land for access
...........B.) or, you have to sell your purchased land that provided access to the inherited parcel which is no longer available to you.

I'd be looking to make the investment for an access parcel next to the inheritance parcel and roll the dice.. I "think" Sis & BIL have a feeling they'll end up owning the entire farm based on their strategic location of the 5 acres and you'll give up due to lack-of or difficult access, or mentally wearing you down. If Sis & BIL realize their strategic advantage, and I think they do, I believe they are thinking of acquiring the entire farm because no one else would have interest in purchasing the place if I understand the resulting impacts of Sis & BIL's parcel claim.

Hopefully this all made sense.
Rocag
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There actually is a good reason the surveyor told them the sale had to be for at least five acres. It's because if the property being sold was less than 5 acres a conveyance plat would need to be filed. This is necessary when splitting one lot into two or more others to ensure that all lots could eventually be developed. This could require easements for access, water, sewer, drainage, etc.

Now it is definitely possible for them to sell just the 3 acres, but there will be the added cost of the conveyance plat and the added time for it to go through the approval process and get filed. I'm not really surprised in this situation they just decided to sell 5 acres and avoid the hassle.
HTownAg98
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Regarding access, they cannot landlock any parcel that they split out of the property. In fact, most case law is going to side on the "landlocked" parcel, and that parcel gets to decide where the access is if an access easement wasn't defined in the deed.
 
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