Estate Law Questions? Ask an Estate Lawyer.
Hello,Thank you for allowing us to assist you with this problem.
I am sorry to hear about this problem and the difficulty you are having with your elder sibling.
Since your father is the legal titled owner to the property since your mother has passed, then your father is the only person who can make necessary changes to make sure the land is divided the way you mentioned. If you believe your father is mental incompetent, then you would have to file a petition in court seeking to be appointed a guardian/conservator over his assets including the farm and house. If you believe your father is competent then the only thing you can do to explain to him that there needs to be either a Will written to specifically state what happens to the house and farm land when he passes or a transfer of the property now to you with something called a Life Estate to him so that he can still live on the property while alive but it would pass to you upon his death.
Please let me know if you have any other questions or if I stated something that was not clear to you.
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