My dad is getting taken advantage of over his father's estate

[doreen]

@mswas

It sounds like he has a claim to that 5 acres. He should argue that it’s not part of the rest of it. It’s not his Father’s 5 acres to will to anyone so it should be irrelevant. If the Will did not reflect the change of ownership of that 5 acres then wouldn’t the part covered under the Will default to the part still owned by your Grandfather when he died?

I think what he means is that the will says something like “I leave each of newcrasher’s aunts 10 acres and newcrasher’s father 5 acres, as he was given 5 acres in 19XX” . Not exactly counting the 5 acres as part of the father’s 1/3- more like an explanation of why he is getting less.That, I’ve heard of.

[mswas]

@doreen

I think what he means is that the will says something like “I leave each of newcrasher’s aunts 10 acres and newcrasher’s father 5 acres, as he was given 5 acres in 19XX” . Not exactly counting the 5 acres as part of the father’s 1/3- more like an explanation of why he is getting less.

Well is it stipulated like that? Or can it be argued that when the will was written it said 1/3 of my 30 acre property. As the property is now 25 acres can it be argued that the 5 acres is irrelevant to the property claim?

[ivn1188]

I had a long post thing, but it’s not really useful.

Here’s the deal:

Probate is closed. The will is a distraction, and is meaningless. Getting probate re-opened is likely impossible, or will be soon.

All that remains are the two deeds. One deed is the for 25 or 30 acres, and has the three sibs’ names on it. The other (if it exists) is 5 acres, and has only dad’s name on it.

The first deed filed was likely the 5 acre one. It will override the second deed in almost every case (unless your dad messed up).

The only solution is to go to a lawyer, now. There are statutes of limitations, and ways to quiet title, etc. etc. The only thing you can do without going to a lawyer is to fuck yourself. Period. All of the advice about adverse possession and wills and probate lawyers is just not really applicable.

(BTW, your dad might have screwed up the probate process, depending on jurisdiction, because some states have a doctrine about “advances” on inheritances. Another reason to see a lawyer and make sure you personally don’t get shafted.)

[ENugent]

ivn is right - if you have both a recorded deed to the 5 acres and some other instrument purporting to pass all 30, you must get it straightened out or both properties will be impossible to sell due to defects in the title report.

[bengangmo]

@Ferret_Herder

My aunts and uncles own their parents’ farm after the death of their last parent (father). They split expenses equally and produce a quarterly accounting of the money in that expense account and what utility bills and repairs were covered by payments. It helps that they like each other and agree on preserving the place, and one of the aunts, the executrix of the will, is quite good at dealing with problems.

If the sisters aren’t willing to contribute to upkeep and if there isn’t a legal means of doing so (in other words, something in the will requiring maintenance to be paid, perhaps) then he’ll either have to buy them out, let the place rot, or just deal with the expenses. He should be tracking his expenses carefully to prove exactly what he’s doing for the place; if there’s any legal way to get control over more of it, he’ll need that kind of proof.

Agree - but its a discussion that should have been had a long time ago. ANything that happens prior is water under the bridge, and its not very fair for the brother to come back and say “but I have been doing”.

Who’s to say that if the sisters knew they would have been on the hook for it they wouldn’t have arranged something else?

[The_Flying_Dutchman]

as the executor, he should be able to file expenses for the upkeep of the estate and then recoup them prior to his 10% fee upon liquidation of the asset, the 25 acres. I really don’t see a problem. He can dispurse ther proceeds as he sees fit and if the sisters don’t like it the can sue. If they think they have a case.

[Caffeine.addict]

[quote=“The_Flying_Dutchman, post:66, topic:496373”]

as the executor, he should be able to file expenses for the upkeep of the estate and then recoup them prior to his 10% fee upon liquidation of the asset, the 25 acres. I really don’t see a problem. He can dispurse ther proceeds as he sees fit and if the sisters don’t like it the can sue. If they think they have a case.[/QUOTE

Assuming that the estate is still open. If it is, then yes, the Executor can hire someone to do these tasks. Ten percent as a fee seems high to me. Remember that the executor needs to get the sign off of either the court or the court’s representative.