I do not know that it would hurt us, I just have a bad feeling that perhaps there is a secondary motive. From what I understand the estate says that if he is unable or unwilling the kids will take over. He is unable not unwilling. With that said I do not understand why they want him to resign. His son said that if he didn't it was unfair to him because he was signing documents that should have his Dads signature on them not his. Well from what I understand if he is unable to make a decision then the kids should have no problem.
Thank you for your follow-up, Carol.Technically either being unable or unwilling is sufficient. If he is unable, they can demand to take over especially if it may somehow harm the business. As for why he may need to resign, one reason that comes to mind may be the fact that signing as his 'power of attorney' may make it appear weaker to third parties. Then there may be a claim that he is incompetent, the contracts signed may not be binding or valid, and there is a greater, although still unlikely, a risk that the other party may claim that the agreements should be void because not signed by the original party. From purely a business reason I do see the children's point of view.What you can potentially request for yourself is a condition that you would resign if they grant a formal 'life estate' for the farm to you and to your spouse for as long as you both live. Then, if you resign, they would not be able to evict or remove you from the premises, which is what I suspect is your fear.Good luck.
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