How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LegalGems Your Own Question

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3426
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
63726236
Type Your Estate Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

My husband and I have farmed the family farm for over 40 years.

Resolved Question:

My husband and I have farmed the family farm for over 40 years. Now his mother has died. How does the land get divided between his only brother and him. Is there any consideration given to the fact that we have kept this land in the family since his father died while his brother was free to acquire his own land elsewhere. There was never an option for us to buy the land only rent it.
Submitted: 10 months ago.
Category: Estate Law
Expert:  LegalGems replied 10 months ago.

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am sorry to hear of your recent loss. Was their a will or trust addressing the land, or a contract between your in laws and you and your husband re: compensation?

Customer:

No contract or will - just yearly rent to his mother. We paid all expenses, taxes, etc

LegalGems :

So the property is passing via intestate succession which means that it goes to the next of kin, equally. Do you have a few moments? I'd like to look into a few things to see if I can find anything helpful. Otherwise, the property would go to the heirs, equally divided. If the heirs could not decide on which acres belong to who, they would need to petition the court to determine what is equitable. One could bring a partition action (to split the land so it is divided among the heirs; or to sell the property and divide the proceeds).

LegalGems :

And the property deed did not list you or your husband's name, correct?

Customer:

Selling is out of the question. Is there any kind of good will or anything that we can bring to the table so the land doesn't get parceled out? Actually the land was put into my husband's & his brother's names (plus spouses) 40 years ago after his father died.. His mother's name no longer appeared on any property deeds because of her remarriage. We had a verbal rental agreement with her.

LegalGems :

If the land is in the 4 adults' name, it is not part of the probate estate; rather it would be owned by the 4 adults named on the deed. I found a case that may help you (depending on the facts, and on the judge who hears it. It should at least assist you in presenting your argument, and in negotiations). Please see: http://www.ndcourts.gov/court/opinions/20070294.htm Pay particular attention to paragraphs 8, and 14. As these are factors considered by the court in ruling, in this case, that there was NOT an oral contract to purchase. If you can distinguish your situation from this situation, that would be helpful. Also please see paragraph 13 as to what elements need to be proven. There is also a legal doctrine called "quantum meruit" where a court infers an agreement for payment, based on a party's acceptance of labor/skill etc.

LegalGems :

This case is in Illinois but it gives a good overview of the concept of Quantum Meruit (basically an equity concept to prevent "unjust enrichment". http://www.state.il.us/court/Opinions/AppellateCourt/1998/1stDistrict/June/HTML/1973988.txt

LegalGems :

Were you able to review the above?

LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 3426
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
LegalGems and 6 other Estate Law Specialists are ready to help you
Expert:  LegalGems replied 10 months ago.
I hope you found the information I provided useful. I wanted to follow up because under circumstances such as these, I would strongly urge you to contact an attorney. S/he should be able to help assess your particular situation based in part on the cases cited. The issue of the deed itself should be examined in more detail, along with any agreements between the parties (brothers, parents, etc). Here is a link to the state bar's referral program: https://www.sband.org/LRS/default.aspx.

I would urge you to contact an attorney at your earliest ability so that you can receive personal guidance on this to ensure that your interests are protected, particularly since this has been in essence your farm for so many years.


It would be appreciated if you complete the admin's survey - it's like our report card!

Thanks, and take care!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.