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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Father died in 2002, left four farms to: mother 1/2; brother

Customer Question

Father died in 2002, left four farms to : mother 1/2; brother poa 1/6; sister 1/6; myself 1/6. In 2011 brother poa got my our mother to change her will ( against the wishes I know my grandfather had wanted for us three grandchildren) to leaving the all of the prime farmland to him. My sister gets approximately 1-2 acres of the farm for her mobile home, another farm approximately 5 acres away from main farm, and 20 acres of another hill farm, and approximately $100,000.00 cash. Myself 80 acres of hill farm, & $100,000.00. Meanwhile, my brother, who's poa, has let my sister's son to place a double wide trailor on the prime farmland, (land that presently I have 1/6th ownership of) doing this without informing me. My mother, is coherent listens to my brother and figures she should do whatever he thinks she should do. So, I have my brother (poa), sister, & mother allowing my nephew to move double wide on property, that had my name on the deed, and not considering my feeling/permission. Their not giinterest, putting any land in his name, just placing a trailor and he and his family live on the property. My question is, can I be cut out of this decision. I feel I don't have any rights. My brother, nor sister live on the farm, only my mother does. My brother raises tobacco on the farm, he has even given my nephew several acres to grow his own tobacco. My mother pays all property taxes and insurance. I have never received any income (ever) from my 1/6th I own. Maybe this is legal here in Kentucky, but I have this "gut feeling" he (my brother) is making sure he is watching out for his own interest, and slitting me & sneaking behind me, talking momma into changing the her will, & moving another family onto our farm & tells me afterwards. When he finally told me, I said " I don't think I like this at all" & his wife says to me, " I didn't think you would". I know poa's are important, can do a lot, but if my name is ***** ***** deed, do I have any say who moves on a farm with my name on the deed with out my permission. Evidently, this "Affidavit of Descent" I have in my hands right now and where my mother's signature is doesn't look like her signature. This affidavit doesn't mean anything to me, because I'm not allowed to have any say what goes on there. If I wanted to put a home on the farm, I feel they would everything to keep that from happening, seriously. Do I have any rights? My daddy died march 29, 2000, thus affidavit of descent was signed June 21, 2011,
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I know poa's are important, can do a lot, but if my name is ***** ***** deed, do I have any say who moves on a farm with my name on the deed with out my permission.

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Basically any owner of the land can give permission for anyone else to be on it.. So if A owns 1% of it, he can give X permission to live on it even though B owns 99%. With that said, any owner has the legal right to use the land. So if you are a 1/6 owner, you can move right onto the land if you choose to do so and no one can stop you.

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The only way one owner can prevent another one from doing something is to buy them out, voluntarily or involuntarily by filing a "partition lawsuit" against the other owners and having a judge order the property sold at public auction. If a partition action was filed then any owner, and any member of the public, can bid on the property and the high bidder gets it and can do whatever they want with it since they have become the sole owner by outbidding everyone else.

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As for brother's actions, if mother is frail physically or mentally compromised, his actions in getting her to change her will could be considered "undue influence" and duress and could potentially give you grounds to challenge it once mother passes..

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thanks

Barrister

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